BOLITH v. State

2011 UT App 126, 251 P.3d 874, 680 Utah Adv. Rep. 32, 2011 Utah App. LEXIS 123, 2011 WL 1529683

Opinion

DECISION

PER CURIAM:

T1 Jacob Mut Bolith seeks to appeal the district court's September 80, 2011 order dismissing his petition for post-conviction relief, This matter is before the court on a sua sponte motion for summary disposition for lack of jurisdiction. We dismiss the appeal.

T2 Rule 4 of the Utah Rules of Appellate Procedure requires that a notice of appeal be filed within thirty days of the entry of the final order or judgment appealed. See Utah R.App. P. 4(a). If a notice of appeal is not timely filed, this court lacks jurisdiction to consider the appeal. See Serrato v. Utah Transit Auth., 2000 UT App 299, ¶ 7, 13 P.3d 616. If the court lacks jurisdiction over an appeal, it has only the authority to dismiss the appeal. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App.1989).

{3 On September 80, 2010, the district court entered a final order dismissing Bol-ith's petition for post-conviction relief On February 15, 2011, Bolith filed a notice of appeal seeking to appeal the September 80, 2010 order dismissing his petition for post-conviction relief. Because the notice of appeal was not timely filed, this court lacks Jurisdiction to consider the appeal. See Serrato, 2000 UT App 299, ¶ 7, 13 P.3d 616. Thus, we are required to dismiss the appeal for lack of jurisdiction. See Varian-Eimac, Inc., 767 P.2d at 570.

1 4 Accordingly, the appeal is dismissed. 1

1 . We note that Bolith previously appealed the district court's September 30, 2010 order dismissing his petition for post-conviction relief, which this court affirmed. See Bolith v. State, 2011 UT App 21, 248 P.3d 1008.