Opinion
Case No. 20010844-CA.
Filed April 18, 2002. (Not For Official Publication)
Appeal from the Fourth District, Provo Department, The Honorable James R. Taylor.
Aaron Raiser, Provo, Appellant Pro Se.
Steve Buirley and Diane Buirley, Orem, Appellees Pro Se.
Before Judges Bench, Orme, and Thorne.
MEMORANDUM DECISION
This case is before the court on a sua sponte motion to dismiss for lack of jurisdiction because the notice of appeal was not filed within thirty days of the entry of the judgment or order being appealed, as required by Rule 4(a) of the Utah Rules of Appellate Procedure.
Appellant Aaron Raiser responds to the motion by stating only that the notice of appeal was timely filed. However, the record reflects that the judgment of dismissal was entered on August 31, 2001, and the notice of appeal was date-stamped as filed in the district court on October 5, 2001. The notice of appeal itself recites that Raiser was not able to respond in a timely manner because the decision was mailed to an incorrect address. "In determining whether a notice of appeal is timely filed and established jurisdiction in an appellate court, this court must be bound by the filing date indicated on the notice of appeal transmitted to it by the trial court." In re M.S., 781 P.2d 1287, 1288 (Utah Ct.App. 1989). Accordingly, this court is bound by the date stamped on the notice of appeal by the district court. We are precluded from extending the time for appeal by Rule 2 of the Utah Rules of Appellate Procedure. Raiser did not seek or obtain an extension of the appeal time from the trial court by a timely motion made under Rule 4(e) of the Utah Rules of Appellate Procedure.
The trial court docket reflects that a notice of appeal was returned to Raiser because it was not accompanied by the required filing fee. See Utah R. App. P. 3(f) (stating the trial court shall not accept a notice of appeal unless the filing fee is paid).
On the basis of the foregoing, we dismiss the appeal for lack of jurisdiction.
Russell W. Bench, Judge, Gregory K. Orme, Judge, William A. Thorne Jr., Judge