Stewart v. Arnold

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IN THE UTAH COURT OF APPEALS ----ooOoo---Nancy Stewart, Plaintiff and Appellee, v. Chris Arnold and Valarie Arnold, Defendants and Appellants. ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20060037-CA F I L E D (April 13, 2006) 2006 UT App 153 ----Fourth District, Provo Department, 050402815 The Honorable Gary D. Stott Attorneys: Chris Arnold and Valarie Arnold, Provo, Appellants Pro Se ----- Before Judges Bench, Greenwood, and Billings. PER CURIAM: Chris and Valarie Arnold appeal from the trial court's entry of judgment against them for unpaid rent and court costs. This is before the court on its own motion for summary disposition. Neither party responded to the motion. Typically, a notice of appeal must be filed within thirty days of the entry of the final order appealed. See Utah R. App. P. 4(a). "However, when a judgment or order is entered in a[n] . . . unlawful detainer action, the notice of appeal required by Rule 3 shall be filed with the clerk of the trial court within 10 days after the date of entry of the judgment or order appealed from." Id. Upon review of the record, it is apparent that this matter originated as a complaint for unlawful detainer. Because this was initiated as an unlawful detainer action, the Arnolds were required to file their notice of appeal within ten days after the entry of judgment. They failed to do so, making their appeal untimely and depriving this court of jurisdiction. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616. Accordingly, this appeal is dismissed. ______________________________ Russell W. Bench, Presiding Judge ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Judith M. Billings, Judge 20060037-CA 2

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