Court of Appeals of Utah, 2012

MOGOLO v. Abdulla

MOGOLO v. Abdulla
Court of Appeals of Utah · Decided April 12, 2012 · Voros, Orme, Roth
2012 UT App 111; 276 P.3d 1239; 706 Utah Adv. Rep. 49; 2012 WL 1210263; 2012 Utah App. LEXIS 116

MOGOLO v. Abdulla

Opinion

DECISION

PER CURIAM.

{1 Hussein Mogolo appeals the district court's final order, which was entered on *1240 December 12, 2011. This matter is before the court on its own motion for summary disposition based upon lack of jurisdiction due to Mogolo's failure to file a timely notice of appeal. See Utah R.App. P. 4(a).

T2 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." Id. 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.

T3 The district court entered its final order on December 12, 2011. Therefore, Mo-golo was required to file his notice of appeal within thirty days of that date, le., January 11, 2012. However, Mogolo did not file his notice of appeal until January 12, 2012. Thus, the notice of appeal was untimely. Because Mogolo did not timely file his notice of appeal, this court lacks jurisdiction to hear the appeal and has no choice but to dismiss it. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App. 1989).

4 The appeal is dismissed.

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