New Horizons v. Hopkins

New Horizons v. Hopkins

IN THE UTAH COURT OF APPEALS

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New Horizons Enterprises, L.L.C., a Utah limited liability company;
Horizon Publishers and Distributors, Inc., a Utah corporation; and
Duane S. Crowther and Jean D. Crowther, individually and as
Trustees of the D.S.J.D. Crowther Trust,

Plaintiffs and Appellees,

v.

Richard R. Hopkins and Adam R. Hopkins,

Defendants and Appellants.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20050081-CA
 

F I L E D
(April 21, 2005)
 

2005 UT App 181

 

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Third District, Salt Lake Department

The Honorable Leon A. Dever

Attorneys: Richard R. Hopkins, Columbiana, Alabama, and Adam R. Hopkins, Woodland Hills, Appellants Pro Se

Richard M. Hymas, Salt Lake City, for Appellees

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Before Judges Billings, Bench, and Jackson.

PER CURIAM:

    Appellants Richard R. Hopkins and Adam R. Hopkins (collectively Hopkins) appeal from the final judgment entered by the district court. This case is before the court on Appellees' motion for summary disposition on the basis that this court lacks jurisdiction because the notice of appeal was untimely filed.

    The final judgment appealed from was entered on December 6, 2004. Hopkins's notice of appeal was not filed until January 18, 2005. 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). If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal and must dismiss. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616.

    Hopkins failed to file a notice of appeal within thirty days of the entry of final judgment. Although Hopkins filed a motion with the district court for an extension of time to file an appeal pursuant to rule 4(e) of the Utah Rules of Appellate Procedure, the district court denied Hopkins's motion. As a result, this court has no jurisdiction to consider Hopkins's appeal and must dismiss. See Serrato, 2000 UT App 299 at ¶7; see also Loffredo v. Holt, 2001 UT 97,¶11, 37 P.3d 1070.

    Accordingly, we dismiss Hopkins's appeal.

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Judith M. Billings,

Presiding Judge

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Russell W. Bench,

Associate Presiding Judge

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Norman H. Jackson, Judge