Opinion
Case No. 20070779-CA.
Filed December 20, 2007. Not For Official Publication
Appeal from the Fifth District, St. George Department, 040500378 The Honorable James L. Shumate.
Justin D. Heideman and Richard Ranney, St. George, for Appellants.
Bryan J. Pattison and Jeffrey N. Starkey, St. George, for Appellees.
Before Judges Greenwood, Billings, and Davis.
MEMORANDUM DECISION
Steve and Allison Woods (the Woodses) appeal the trial court's order denying their motion for joinder. This is before the court on its own motion for summary disposition on the grounds that the notice of appeal was not timely filed.
The trial court entered its order denying joinder on August 6, 2007. The Woodses filed their notice of appeal with the district court on September 21, 2007, forty-six days after the entry of the order appealed.
Pursuant to rule 4 of the Utah Rules of Appellate Procedure, a notice of appeal must be filed within thirty days of the entry of the order or judgment appealed. See Utah R. App. P. 4(a). The Woodses filed their notice of appeal more than thirty days after the entry of the order denying joinder, and is thus untimely. If an appeal is not timely filed, this court lacks jurisdiction to consider the appeal and must dismiss it. See Serrato v. Utah Transit Auth., 2000 UT App 299, ¶ 7, 13 P.3d 616.
The Woodses assert that their notice of appeal was timely filed because they filed a motion for reconsideration that tolled the time for filing their notice of appeal. However, the Utah Supreme Court has ruled that motions to reconsider are not recognized by the Utah Rules of Civil Procedure and do not toll the time for filing a notice of appeal.See Gillett v. Price, 2006 UT 24, ¶ 7, 135 P.3d 861. Therefore, the time for appeal ran from the order entered on August 6, 2007.
Accordingly, this appeal is dismissed.