Opinion
Case No. 20030343-CA.
Filed September 11, 2003. (Not For Official Publication)
Appeal from the Third District, Sandy Department, The Honorable Denise P. Lindberg.
Franklin Richard Brussow, Salt Lake City, for Appellant.
Van W. Midgley and Patricia Cassell, Sandy, for Appellee.
Before Judges Jackson, Greenwood, and Thorne.
MEMORANDUM DECISION
This case is before the court on its own motion for consideration of summary dismissal on the basis that this court lacks jurisdiction because it is an appeal from a trial de novo based on a conviction in justice court. See Utah R.App.P. 10. This court lacks jurisdiction to review a trial de novo unless the "district court rules on the constitutionality of a statute or ordinance." Utah Code Ann. § 78-5-120(7) (Supp. 2002).
Appellant argues on appeal that Utah Code Ann. § 78-5-120 is unconstitutional and that it was applied in an unconstitutional manner in this case. However, review of the trial record reveals no indication that Appellant made a constitutional challenge to a statute or ordinance in the district court, or that the court ruled on such a claim.
A means to seek review of issues not within this court's statutory jurisdiction under Utah Code Ann. § 78-5-120(7) (Supp. 2002) is a petition for extraordinary relief. See Dean v. Henriod, 1999 UT App 50, ¶ 8, 975 P.2d 946.
"When a matter is outside the court's 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.
Norman H. Jackson, Presiding Judge, Pamela T. Greenwood, Judge, and William A. Thorne Jr., Judge, concur.