Opinion
Case No. 20070734-CA.
Filed: December 20, 2007. Not For Official Publication
Appeal from Third District, Salt Lake Department, 030921687 The Honorable Robert P. Faust.
Harold L. Reiser, Salt Lake City, for Appellant.
Russell S. Walker and Anthony M. Grover, Salt Lake City, for Appellee.
Before Judges Greenwood, Billings, and Davis.
MEMORANDUM DECISION
This case is before the court on a sua sponte motion for summary dismissal because the notice of appeal was not filed within thirty days of entry of the judgment being appealed. Neither Appellant David Cannon nor Appellee Willden Family Dental, Inc. filed a response to the motion.
The district court judge signed the "Order Granting Plaintiff Willden Family Dental, Inc.'s Motion for Summary Judgment" on July 31, 2007, and the clerk stamped that judgment as "filed" on the same date. The judgment also contains a stamp stating that it was entered in the registry of judgments on August 7, 2007. Cannon incorrectly assumed that this was the entry date for purposes of appeal, and the notice of appeal was not filed until September 6, 2007. This court noticed the case for sua sponte summary dismissal, citing Glacier Land Co. v. Klawe, 2006 UT App 209, ¶ 3, 138 P.3d 109 (per curiam).
A judgment is entered when it is signed by the trial judge and filed with the clerk. See Utah R. Civ. P. 58A(b)-(c). Entry of a final, appealable judgment in this case occurred when the order granting summary judgment was both signed by the district court judge and filed with the clerk. See id. R. 58A(b) (stating that "all judgments must be signed by the judge and filed with the clerk"). "A judgment is complete and shall be deemed entered for all purposes, except the creation of a lien on real property, when the same is signed and filed."Id. R. 58A(c). "Although rule 58A(c) also requires the clerk to `immediately make a notation of the judgment in the register of actions,' this is not required to accomplish entry for purposes of calculating the appeal time." Glacier Land Co., 2006 UT App 209, ¶ 3.
The final judgment was entered for purposes of appeal on July 31, 2007, when it was both signed by the district court judge and filed by the district court clerk. Accordingly, the time for appeal expired on August 30, 2007. See Utah R. App. P. 4(a). Cannon filed his notice of appeal on September 6, 2007; therefore, it was untimely. "If an appeal is not timely filed, this court lacks jurisdiction to hear the appeal."Serrato v. Utah Transit Auth., 2000 UT App 299, ¶ 7, 13 P.3d 616.
We dismiss the appeal for lack of jurisdiction.