Opinion
Case No. 20010429-CA.
Filed January 17, 2002. (Not For Official Publication)
Appeal from the Third District, Salt Lake Department, The Honorable Tyrone E. Medley.
Edward Lane Cornish, Panguitch, Appellant Pro Se.
Mark L. Shurtleff and Sharel S. Reber, Salt Lake City, for Appellees.
Before Judges Billings, Davis, and Greenwood.
MEMORANDUM DECISION
This matter is before the court on a sua sponte motion to dismiss for lack of jurisdiction. See Utah R. App. P. 10(e). Appellant Cornish did not file a response to the motion.
Cornish seeks to appeal the trial court's March 20, 2001 signed minute order. However, he did not file a notice of appeal until May 14, 2001, more than thirty days after entry of the signed minute order. See Utah R. App. P. 4(a). On the same day he filed his notice of appeal, Cornish also filed a motion in the trial court for an extension of time to file an appeal. See Utah R. App. P. 4(e).
By the time Cornish filed his docketing statement in this court, the trial court had not yet ruled on the motion for extension of time to file an appeal. Therefore, this court remanded the case to the trial court for a ruling on the pending motion for an extension of time in which to appeal. On October 18, 2001, the trial court denied the motion for extension of time to file an appeal. Consequently, this court must dismiss the appeal for lack of jurisdiction due to the untimely notice of appeal. See State v. Johnson, 635 P.2d 36, 37 (Utah 1981) (holding 30-day period for filing a notice of appeal is jurisdictional).
James Z. Davis, Judge, Pamela T. Greenwood, Judge Concur.