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Davidson v. Workforce Appeals Board

Utah Court of Appeals
Apr 15, 2004
2004 UT App. 117 (Utah Ct. App. 2004)

Opinion

Case No. 20040106-CA.

Filed April 15, 2004. (Not For Official Publication).

Appeal from Original Proceeding in this Court.

Denver C. Snuffer Jr. and Daniel B. Garriott, Sandy, for Petitioner.

Tiffany Vincent, Salt Lake City, for Respondents.

Before Judges Billings, Orme, and Thorne.


MEMORANDUM DECISION


Harley Davidson of Northern Utah (Harley Davidson) petitions for judicial review of a decision of the Workforce Appeals Board (Board) affirming the grant of benefits to Brandi Mason, a former Harley Davidson employee. This case is before the court on its own motion for summary disposition based on lack of jurisdiction.

The Board issued its decision on January 7, 2004. As confirmed in its docketing statement, Harley Davidson filed its petition for review on February 9, 2004. Under Utah Code section 35A-4-508(8)(a) (2001) and Utah Rule of Appellate Procedure 14, a petition for review from a final agency action must be filed within thirty days after the issuance of the order constituting the final agency action. Harley Davidson's petition for review, filed thirty-three days after the order, is untimely, and therefore this court has no jurisdiction to hear the petition.See Silva v. Department of Employment Sec., 786 P.2d 246, 247 (Utah Ct.App. 1990) (holding timely filing of petition required to confer jurisdiction).

Harley Davidson's "notice of appeal," even if filed on February 6, was ineffective as a petition for review.

Once a court has determined that it lacks jurisdiction, it "retains only the authority to dismiss the action."Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App. 1998). Accordingly, we dismiss this petition for lack of jurisdiction.

Judith M. Billings, Presiding Judge, Gregory K. Orme, Judge, William A. Thorne Jr., Judge.


Summaries of

Davidson v. Workforce Appeals Board

Utah Court of Appeals
Apr 15, 2004
2004 UT App. 117 (Utah Ct. App. 2004)
Case details for

Davidson v. Workforce Appeals Board

Case Details

Full title:Harley Davidson of Northern Utah, Petitioner, v. Workforce Appeals Board…

Court:Utah Court of Appeals

Date published: Apr 15, 2004

Citations

2004 UT App. 117 (Utah Ct. App. 2004)

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