Neville v. Fletcher

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IN THE UTAH COURT OF APPEALS ----ooOoo---Timothy D. Neville, Plaintiff and Appellant, v. Mark Fletcher; James L. Neville Living Trust; James L. Neville Estate; Marthlyn B. Neville Living Trust, Defendants and Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080058-CA F I L E D (April 3, 2008) 2008 UT App 119 ----Third District, Salt Lake Department, 060914347 The Honorable Denise P. Lindberg Attorneys: Timothy D. Neville, Boise, Idaho, Appellant Pro Se Stephen M. Sargent and Michael T. Hoppe, Salt Lake City; James R. Blakesley, Saratoga Springs, for Appellees ----- Before Judges Greenwood, Thorne, and Billings. PER CURIAM: Timothy D. Neville appeals the trial court's final order entered on December 7, 2007. This is before the court on its own motion for summary disposition. Pursuant to rule 4(a) of the Utah Rules of Appellate Procedure, a notice of appeal must be filed with the clerk of the trial court within thirty days after the entry of the judgment or the order appealed. See Utah R. App. P. 4(a). Under the rule, Neville's notice of appeal was required to be filed no later than January 7, 2008. Neville's notice of appeal was filed in the trial court on January 8, 2008, more than thirty days after the entry of the order dismissing his case. Thus, Neville's notice of appeal is untimely. 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, ΒΆ 7, 13 P.3d 616. Accordingly, this appeal is dismissed. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Judith M. Billings, Judge 20080058-CA 2

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