Overland West v. Snell
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IN THE UTAH COURT OF APPEALS ----ooOoo---Overland West, Inc., Plaintiff and Appellee, v. Helen Coleman Snell, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070016-CA F I L E D (April 19, 2007) 2007 UT App 139 ----Second District, Ogden Department, 050901689 The Honorable Ernest W. Jones Attorneys: Helen Coleman Snell, Roy, Appellant Pro Se Walter T. Merrill, Ogden, for Appellee ----- Before Judges Greenwood, Billings, and Orme. PER CURIAM: Helen Coleman Snell seeks to appeal the trial court's judgment against her, renewing attorney fees and interest awarded to Overland West, Inc. (Overland). This is before the court on Overland's motion to dismiss based on lack of jurisdiction due to an untimely notice of appeal. Utah Rule of Appellate Procedure 4(a) requires a notice of appeal to be filed within thirty days after the entry of the final judgment. See Utah R. App. P. 4(a). The judgment from which Snell appeals was entered on November 7, 2006. Snell filed her notice of appeal on December 29, more than thirty days after the entry of judgment. As a result, her notice of appeal was untimely filed. If an appeal is not timely filed, this court lacks jurisdiction to consider the appeal and must dismiss it. See Serrato v. Utah Transit Auth., 2000 UT App 299,ΒΆ7, 13 P.3d 616. Accordingly, this appeal is dismissed.1 ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ Gregory K. Orme, Judge 1 Snell also filed a motion to stay pending this appeal. motion is rendered moot by the dismissal of the appeal. 20070016-CA 2 Her
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