Opinion
Case No. 20000548-CA.
Filed December 21, 2000.
Appeal from the Third District, Salt Lake Department, The Honorable J. Dennis Frederick.
Dan Henry Tijerina, Sr., Draper, Appellant Pro Se.
Jan Graham and Sharel S. Reber, Salt Lake City, for Appellees.
Before Judges Jackson, Bench, and Billings.
The trial court reentered the order dismissing Tijerina's petition for extraordinary relief so that he could file a timely notice of appeal. In spite of being given a second opportunity to perfect his appeal, Tijerina failed to file a timely notice of appeal from the reentered order. Tijerina claims he filed a timely notice of appeal with the Utah Supreme Court. However, there is no evidence to suggest he filed such a notice, and, even if he had, Utah Rule of Appellate Procedure 4(a) specifically requires that to be valid, a notice of appeal must be filed with the trial court. See also In re M.S., 781 P.2d 1287 (Utah Ct.App. 1989) (concluding notice of appeal filed in wrong court was not properly filed and was untimely).
Because Tijerina failed to show excusable neglect or good cause for his late filing, and because the trial court has "very broad discretion" in determining whether to grant a Rule 4(e) motion for extension of time in which to file a notice of appeal, we affirm the trial court. See Utah R. App. P. 4(e); Reisbeck v. HCA Health Servs. of Utah Inc., 2000 UT 48, ¶ 2, 2 P.3d 447 (stating trial court's discretion to grant or deny rule 4(e) motion is very broad).
Norman H. Jackson, Associate Presiding Judge, Russell W. Bench, Judge, Judith M. Billings, Judge.