Categories: Utah Court Opinions

LLEWELLYN v. SKILES, 2006 UT App 39

Marla M. Llewellyn, Petitioner and Appellant, v. Gary B. Skiles, Respondent and Appellee.

Case No. 20051003-CA.Utah Court of Appeals.
Filed February 9, 2006. (Not For Official Publication).

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the Third District, Salt Lake Department, 054904702 The Honorable Glenn K. Iwasaki.

Marla M. Llewellyn, Salt Lake City, Appellant Pro Se.

David W. Brown, West Valley City, for Appellee.

Before Judges Greenwood, McHugh, and Orme.

MEMORANDUM DECISION
PER CURIAM:

Marla M. Llewellyn appeals the district court’s order dismissing her ex parte protective order action. This matter is before the court on a sua sponte motion for summary disposition on the ground that the court lacks jurisdiction over the appeal due to Llewellyn’s failure to file a notice of appeal within thirty days of the appealable order.

A notice of appeal must be filed “with the clerk of the trial court within 30 days after the date of entry of the judgment or order appealed from.” Utah R. App. P. 4(a). If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal and must dismiss. See Serrato v. Utah Transit Auth., 2000 UT App 299, ¶ 7, 13 P.3d 616. The order from which Llewellyn appeals was entered on September 8, 2005. She filed her notice of appeal on November 1, 2005. Accordingly, Llewellyn’s notice of appeal was not timely and this court has no jurisdiction to hear the appeal.

Therefore, the appeal is dismissed.

Pamela T. Greenwood, Associate Presiding Judge, Carolyn B. McHugh, Judge, Gregory K. Orme, Judge, concur.

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