IN THE UTAH COURT OF APPEALS 
----ooOoo----


DelAnne V. Jessop, ) MEMORANDUM DECISION 
) (Not For Official Publication) 
Petitioner, ) 
) Case No. 20080722-CA 
v. ) 
) F I L E D 
Department of Workforce ) (November 28, 2008) 
Services and Midvale City ) 
Corporation, ) 2008 UT App 428 
) 
Respondent. ) 

Original Proceeding in this Court 


Attorneys: 
DelAnne V. Jessop, West Jordan, Petitioner Pro Se 
Suzan Pixton, Salt Lake City, for Respondent 


Before Judges Bench, Davis, and McHugh. 


PER CURIAM: 


DelAnne V. Jessop petitions for judicial review of the final 
decision of the Workforce Appeals Board (the Board). This case 
is before the court on its own motion for summary disposition 
based upon lack of jurisdiction due to the failure to file a 
timely petition for review of the Board's decision. See Utah R. 
App. P. 14(a). 


A petition for review of an agency's final order must be 
filed "within 30 days after the date of the written decision or 
order." Id.; see also Utah Code Ann. § 63-46b-14(3)(a) (2004) 
("A party shall file a petition for judicial review of final 
agency action within 30 days."). If the petition is not timely 
filed, this court lacks jurisdiction to review the petition and 
must dismiss it. See Silva v. Dep't. of Employment Sec., 786 
P.2d 246, 247 (Utah Ct. App. 1990) (per curiam). 


The Board issued its final order on July 22, 2008. Jessop 
did not file her petition for review until August 25, 2008, 
thirty-four days after issuance of the Board's decision, and four 
days beyond the time limitation set forth in rule 14(a). See 
Utah R. App. P. 14(a). Because Jessop did not timely file a 
petition for review, we lack jurisdiction to consider the merits 



of the petition. When we lack jurisdiction, we retain "only the 
authority to dismiss the action." Varian-Eimac, Inc. v. 
Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). 


Therefore, the petition for review is dismissed for lack of 
jurisdiction. 


Russell W. Bench, Judge 


James Z. Davis, Judge 


Carolyn B. McHugh, Judge 


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