Citibank (South Dakota), N.A. v. Forte

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IN THE UTAH COURT OF APPEALS ----ooOoo---Citibank (South Dakota), N.A. aka AT&T Universal Card, Plaintiff and Appellee, v. Kimberlie D. Forte, Defendant and Appellant. ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20051103-CA F I L E D (June 29, 2006) 2006 UT App 270 ----Third District, West Jordan Department, 050102531 The Honorable Robert Adkins Attorneys: Kimberlie D. Forte, Sandy, Appellant Pro Se Erik A. Christiansen and Damon J. Georgelas, Salt Lake City, for Appellee ----- Before Judges Greenwood, Davis, and Thorne. PER CURIAM: This matter is before the court on its sua sponte motion for summary disposition on the ground that the court lacks jurisdiction over the appeal due to Kimberlie D. Forte's failure to file a timely notice of appeal. 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. The order from which Forte appeals was entered on September 30, 2005. She filed her notice of appeal on November 17, 2005.1 Accordingly, Forte's notice of 1 Forte's post-judgment motion to reconsider did not extend the period for filing a notice of appeal. See Gillett v. Price, 2006 UT 24,¶8, 550 Utah Adv. Rep. 20. appeal was not timely and this court has no jurisdiction to hear the appeal. Therefore, the appeal is dismissed. ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ James Z. Davis, Judge ______________________________ William A. Thorne Jr., Judge 20051103-CA 2

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