1. APPEAL AND ERROR — Notice of Appeal — Timely Filing — Mandatory — Jurisdictional — Parties — Waiver — Prohibited. The timely filing of a notice of appeal is mandatory and jurisdictional, and the parties may not by their independent action amend or waive this jurisdictional requirement.
Opinion by JUDGE PIERCE.
On our own motion we have raised the issue of whether we have jurisdiction to hear this appeal. Having afforded counsel opportunity to brief the question, we now rule that the appeal is dismissed.
The operative facts are as follows. On or about May 22, 1974, judgment was rendered against defendant pursuant to a jury verdict. Timely motion for new trial was filed. On July 17, 1974, the parties filed a stipulation with the court allowing themselves 75 days from the date of the trial court's ruling on the motion for new trial within which to file a notice of appeal. On July 18, 1974, the trial court ruled on the motion for new trial, but that order did not grant any extension of time within which to file a notice of appeal as provided by C.A.R. 4. See Laugesen v. Witkin Homes, Inc., 29 Colo. App. 58, 479 P.2d 289. On October 1, 1974, defendant filed her notice of appeal with the district court.
[1,2] The timely filing of a notice is mandatory and jurisdictional. Chapman v. Miller, 29 Colo. App. 8, 476 P.2d 763. The parties may not by their independent action amend or waive this jurisdictional requirement. Hence, the failure to file a notice of appeal within 30 days from entry of the order denying the motion for new trial or within an extension of time as provided for in C.A.R. 4(a) removes this case from our jurisdiction. Federal Lumber Co. v. Hanley, 33 Colo. App. 18, 515 P.2d 480.
Appeal dismissed.
JUDGE BERMAN concurs.
JUDGE COYTE dissents.