White v. Boyden

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IN THE UTAH COURT OF APPEALS ----ooOoo---James B. White, Plaintiff and Appellant, ) ) ) ) ) ) ) ) ) ) v. Judge Ann Boyden; Ann Rozycki; and Suzan Denhardt, Defendants and Appellees. MEMORANDUM DECISION (Not For Official Publication) Case No. 20090408-CA F I L E D (July 30, 2009) 2009 UT App 209 ----Fourth District, Provo Department, 098401260 The Honorable Gary D. Stott Attorneys: James B. White, Herriman, Appellant Pro Se Mark L. Shurtleff and Peggy E. Stone, Salt Lake City, for Appellees ----- Before Judges Greenwood, Bench, and Davis. PER CURIAM: James B. White appeals the district court's order dismissing his de novo appeal from a matter originally filed in the small claims court. This matter is before us on a motion for summary disposition based upon lack of jurisdiction. Utah Code section 78A-8-106 governs appeals from small claims courts. See Utah Code Ann. § 78A-8-106 (2008). A party may appeal the decision of a small claims court to the district court for a trial de novo. See id. § 78A-8-106(1). Utah Code section 78A-8-106(2) provides that "the decision of the trial de novo may not be appealed unless the [district] court rules on the constitutionality of a statute or ordinance." Id. § 78A-8106(2). The record demonstrates that, on de novo appeal, the district court did not rule on the constitutionality of a statute or ordinance. Rather, the district court determined that White's action against Defendants, arising from issues related to his criminal proceeding, was not properly before the small claims court. The district court also determined that any issues stemming from White's criminal proceeding could be addressed on direct appeal. Because the district court did not rule on the constitutionality of a statute or ordinance, this court lacks jurisdiction to hear the appeal. See id. When a court lacks jurisdiction, it "retains only the authority to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). Accordingly, we dismiss the appeal. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ Russell W. Bench, Judge ______________________________ James Z. Davis, Judge 20090408-CA 2

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