Opinion
Case No. 20010121.
Filed June 1, 2001. (Not For Official Publication)
Appeal from the Fourth District, Provo Division, The Honorable Fred D. Howard.
Nelson Abbott, Provo, for Appellants.
Richard D. Bradford, Provo, for Appellees.
Before Judges Greenwood, Billings, and Davis.
MEMORANDUM DECISION
This matter is before the court on plaintiffs' motion to dismiss defendants' cross-appeal. Defendants' notice of cross-appeal was not filed within fourteen days of plaintiffs' notice of appeal as required by rule 4(d) of the Utah Rules of Appellate Procedure. Defendants filed a timely motion for an extension of time in which to file their cross-appeal, but the trial court has not ruled on the motion. The authority to grant a motion for an extension of time to file a notice of appeal is vested in the trial court alone. See Utah R. App. P. 4(e);Glezos v. Frontier Inv., 896 P.2d 1230, 1233-34 (Utah Ct.App. 1995).
Accordingly, the motion is granted, and the cross-appeal is dismissed. The dismissal is without prejudice to the filing of a new notice of cross-appeal in the event that the trial court grants defendants' motion for extension of time. See Utah R. App. P. 4(e).
Pamela T. Greenwood, Presiding Judge.
We concur Judith M. Billings, Judge and James Z. Davis, Judge.