1. This same appeal was before us last year. At that time, we
dismissed the appeal for lack of subject matter jurisdiction,
concluding that the appeal was untimely. See Code v. Utah Dep't
of Health, 2006 UT App 113, ¶¶ 1, 7, 133 P.3d 438. The Utah
Supreme Court reversed and returned the case to us for further
consideration. See Code v. Utah Dep't of Health, 2007 UT 43,
¶ 2, 162 P.3d 1097.
This memorandum decision is subject to revision before
publication in the Pacific Reporter.
IN THE UTAH COURT OF APPEALS
----ooOoo----
Nicole H. Code fka Nicole L.
Handrahan,
Plaintiff and Appellant,
v.
Utah Department of Health and
Utah School for the Deaf and
Blind,
Defendants and Appellees.
)
)
)
)
)
)
)
)
)
)
)
)
MEMORANDUM DECISION
(For Official Publication)
Case No. 20050255-CA
F I L E D
(December 13, 2007)
2007 UT App 390
-----
Second District, Ogden Department, 040905007
The Honorable Ernest W. Jones
Attorneys: Brad C. Smith and Benjamin C. Rasmussen, Ogden, for
Appellant
Mark L. Shurtleff, Brent A. Burnett, and J. Clifford
Petersen, Salt Lake City, for Appellees
-----
Before Judges Bench, McHugh, and Orme.
ORME, Judge:
¶1
The latest chapter of this appeal1 concerns the contractual
employment rights of a probationary public employee. Nicole H.
Code challenges the trial court's dismissal of her amended
complaint for "failure to state a claim upon which relief can be
granted." Utah R. Civ. P. 12(b)(6). We affirm.
¶2
After approximately thirty-two months of employment with the
Utah Department of Health (DOH), Code applied for employment
2. Except as otherwise stated in footnote 3, we cite to the
current version of the statutes in this decision for convenience,
because the relevant statutory provisions have not been amended
since the time of Code's termination or because an amendment
enacted after such date does not affect our analysis.
3. In 2004, the GIA, Utah Code sections 63-30-1 to -38, was
repealed by the Governmental Immunity Act of Utah. See
Governmental Immunity Act of Utah, ch. 267, § 47, 2004 Utah Laws
1