Sanchez v. Sanchez

Sanchez v. Sanchez

IN THE UTAH COURT OF APPEALS

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Eva Berguis-Sanchez,

Petitioner,

v.

Rudy Sanchez,

Respondent.

____________________________

Rudy Sanchez,

Third-party Plaintiff and Appellee,

v.

Loran Hubbard,

Third-party Defendant and Appellant.

 MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20030809-CA

 F I L E D
(January 15, 2004)
 

2004 UT App 6

 

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Third District, Salt Lake Department

The Honorable Frank G. Noel

Attorneys: H. Loran Hubbard, Layton, Appellant Pro Se

E.H. Fankhauser, Salt Lake City, for Appellee

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Before Judges Billings, Davis, and Thorne.

PER CURIAM:

Third-party Defendant Lorin Hubbard appeals from the Judgment Against Third Party Defendant. This appeal is before the court on its own motion for summary dismissal for lack of jurisdiction. Hubbard has not responded to the motion.

A notice of appeal must be filed "with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from." Utah R. App. P. 4(a). A judgment is entered when it is signed by the trial judge and filed with the clerk. See Utah R. Civ. P. 58A(b)-(c).

Although the judgment indicates on its face that it was entered in the registry of judgments on September 4, 2003, the judgment was signed by the trial judge and is date-stamped as filed with the clerk on August 28, 2003. The judgment was therefore entered on August 28, 2003. See id.; Wong v. Wong, 2001 UT App 244 (per curiam). Because thirty days after the date on which the judgment was entered was Saturday, September 27, 2003, Hubbard was required to file his notice of appeal no later than September 29, 2003. See Utah R. Civ. P. 6(a); Utah R. App. P. 22(a). However, Hubbard's notice of appeal is date-stamped as filed on September 30, 2003, which is a day late. "If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal" and "retains only the jurisdiction to dismiss the [appeal]." Foster v. Montgomery, 2003 UT App 405,¶14, 487 Utah Adv. Rep. 3 (quotations and citations omitted).(1)

Accordingly, this appeal is dismissed.

______________________________

Judith M. Billings,

Presiding Judge

______________________________

James Z. Davis, Judge

______________________________

William A. Thorne Jr., Judge

1. Third-party Plaintiff Rudy Sanchez asserts that the trial court did not resolve Hubbard's motion for contempt and therefore contends this court does not have jurisdiction to consider Hubbard's appeal because it was prematurely filed from a nonfinal judgment. See Utah R. App. P. 3(a). Regardless, this court does not have jurisdiction to consider this appeal.