Gordon Case Company v. West

Utah Supreme Court

Gordon Case Company v. West

2005 UT 71, 125 P.3d 894, 538 Utah Adv. Rep. 47, 2005 Utah LEXIS 115, 2005 WL 2901376

CourtUtah Supreme Court

DecidedNovember 4, 2005

DocketNo. 20050652

StatusPublished

This text of 2005 UT 71 (Gordon Case Company v. West) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gordon Case Company v. West, 2005 UT 71, 125 P.3d 894, 538 Utah Adv. Rep. 47, 2005 Utah LEXIS 115, 2005 WL 2901376 (Utah 2005).

Pincite

Opinion

PER CURIAM:

¶ 1 This matter is before the court upon a petition for a writ of certiorari, filed on August 1, 2005.

¶ 2 IT IS HEREBY ORDERED, pursuant to rule 45 of the Utah Rules of Appellate Procedure, the petition for writ of certiorari is granted and summarily affirmed. The sole basis on which certiorari is granted is a conflict in the decisions of differing panels of the court of appeals on the following issue of law:

Whether an appellate court obtains jurisdiction over an appeal filed more than ten days after denial of a post-judgment motion in an unlawful detainer action.

¶ 3 The unpublished per curiam opinion in Hawkins v. Callahan, 2001 UT App 343U, ¶2, 2001 WL 1476572 patently erred in its determination of this question. The panel in the instant case, on the other hand, correctly decided the question and correctly dismissed for lack of jurisdiction. Therefore, its decision is summarily affirmed.

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PER CURIAM:

¶ 1 This matter is before the court upon a petition for a writ of certiorari, filed on August 1, 2005.

¶ 2 IT IS HEREBY ORDERED, pursuant to rule 45 of the Utah Rules of Appellate Procedure, the petition for writ of certiorari is granted and summarily affirmed. The sole basis on which certiorari is granted is a conflict in the decisions of differing panels of the court of appeals on the following issue of law:

Whether an appellate court obtains jurisdiction over an appeal filed more than ten days after denial of a post-judgment motion in an unlawful detainer action.

¶ 3 The unpublished per curiam opinion in Hawkins v. Callahan, 2001 UT App 343U, ¶2, 2001 WL 1476572 patently erred in its determination of this question. The panel in the instant case, on the other hand, correctly decided the question and correctly dismissed for lack of jurisdiction. Therefore, its decision is summarily affirmed.

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Bluebook (online)

2005 UT 71, 125 P.3d 894, 538 Utah Adv. Rep. 47, 2005 Utah LEXIS 115, 2005 WL 2901376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-case-company-v-west-utah-2005.