State of Utah, v. L.R.

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State of Utah in the interest of L.R.,
a person under eighteen years of age.
______________________________

State of Utah,
Plaintiff and Appellant,

v.

L.R.,
Defendant and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 981573-CA

F I L E D
December 3, 1998

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Third District Juvenile, Salt Lake Department
The Honorable Andrew A. Valdez

Attorneys:
Jan Graham and Laura B. Dupaix, Salt Lake City, for Appellant

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Before Judges Billings, Jackson, and Orme.

PER CURIAM:

Utah R. App. P. 3(a) provides that an appeal may be taken from all final orders and judgments of a district court. Absent a final order, the appellate court lacks jurisdiction and must dismiss the appeal. State v. Rawlings, 829 P.2d 150, 153 (Utah Ct. App. 1992). To be final, an order must be in writing and must be signed by the trial court. Hinkins v. Santi, 25 Utah 2d 324, 481 P.2d 53 (1971). In the case at hand, there is a written signed minute entry of the trial court. A signed minute entry may be considered a final order for purposes of appeal only if it specifies with certainty a final determination of the rights of the parties susceptible to enforcement. Swenson Assoc. Arch. v. State, 889 P.2d 415, 417 (Utah 1994) (citation omitted). It must be clear that the document "which is offered as the record of a judgment is really such and not an order for a judgment or a mere memorandum from which the judgment was to be drawn." Id. (citation omitted).

In the case at hand, by its own terms, the minute entry is not a final order, as it allows for defense counsel to submit findings of fact, conclusions of law and an order for the court's review and signature. In other words, it is a document preparatory to the final judgment, which is yet to be drawn.

Moreover, not all claims involved in the case were resolved by the minute entry. The court scheduled a trial on the remaining charges to which appellee pleaded "not guilty." Accordingly, the minute entry was not a final appealable order. See Olson v. Salt Lake City Sch. Dist., 724 P.2d 960 (Utah 1986) (order that does not dispose of all claims is not final for purposes of appellate review).

Accordingly, we dismiss the appeal.
 
 

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Judith M. Billings, Judge
 
 

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Norman H. Jackson, Judge
 
 

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Gregory K. Orme, Judge