Hamilton v. Bigelow

Annotate this Case

Download PDF

IN THE UTAH COURT OF APPEALS ----ooOoo---Tony Alexander Hamilton, Petitioner and Appellant, v. A. Chuck Bigelow, Warden, Respondent and Appellee. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20090300-CA F I L E D (October 29, 2009) 2009 UT App 312 ----Fifth District, Beaver Department, 070500076 The Honorable G. Michael Westfall Attorneys: Tony Alexander Hamilton, Draper, Appellant Pro Se ----- Before Judges Greenwood, Bench, and Davis. PER CURIAM: Tony Alexander Hamilton appeals from the district court's order denying his petition for writ of habeas corpus. 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 district court entered its order denying Hamilton's petition for writ of habeas corpus on December 3, 2008. Thus, Hamilton was required to file his notice of appeal on or before January 2, 2009. However, Hamilton did not file his notice of appeal until April 9, 2009. Because Hamilton did not timely file his notice of appeal, this court lacks jurisdiction to hear the appeal and must dismiss. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989) (stating that if the court lacks jurisdiction over an appeal, it has only the authority to dismiss the action). The appeal is dismissed. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ Russell W. Bench, Judge ______________________________ James Z. Davis, Judge 20090300-CA 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.