Express Recovery Services v. Wall
2012 UT App 138
| Utah Ct. App. | 2012Background
- Wall filed a notice of appeal on February 14, 2012 from a final judgment entered June 4, 2009 in a collection case brought by Express Recovery Services, Inc.
- The Utah Second District Court issued a sua sponte motion for summary dismissal for lack of jurisdiction.
- Wall’s appeal seeks review of the June 4, 2009 judgment more than 30 days after entry, violating Rule 4(a) of the Utah Rules of Appellate Procedure.
- Rule 3(d) requires the notice of appeal to designate the specific judgment or order appealed from; Wall’s notice sought appeal of “all orders since” the judgment.
- The court concluded it lacks jurisdiction to review the June 4, 2009 judgment and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the appeal from the June 4, 2009 judgment | Wall seeks review of the 2009 judgment despite untimely filing | Appeal was not timely filed within 30 days per Rule 4(a) | Lacks jurisdiction to review the judgment |
| Designation of judgment or order appealed from | Notice of appeal designated all orders since the judgment | Notice did not designate the specific judgment or order appealed from | Insufficient designation; jurisdictional deficiency |
| Authority to review when jurisdiction is lacking | Not needed; (Wall’s position not supported in opinion) | Once jurisdiction is lacking, court may only dismiss | Appeal dismissed for lack of jurisdiction |
Key Cases Cited
- Serrato v. Utah Transit Auth., 13 P.3d 616 (Utah Ct. App. 2000) (untimely appeal lacks jurisdiction)
- Jensen v. Intermountain Power Agency, 977 P.2d 474 (Utah 1999) (designation of judgment or order is jurisdictional)
- In re B.B., 45 P.3d 527 (Utah Ct. App. 2002) (insufficient notice of appeal deprives court of jurisdiction)
- Varian‐Eimac, Inc. v. Lamoreaux, 767 P.2d 569 (Utah Ct. App. 1989) (court lacks authority beyond dismissal when jurisdiction is lacking)