Roberts v. Roberts

IN THE UTAH COURT OF APPEALS
 

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David T. Roberts,

Plaintiff and Appellee,

v.

Naomi Roberts,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 981503-CA

F I L E D
(October 16, 1998)

Fourth District, Provo Department

The Honorable Gary D. Stott

Attorneys: R. Stephen Marshall, Salt Lake City, for Appellant

Richard S. Nemelka, Dennis L Mangrum, Salt Lake City, for Appellee

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Before Judges Billings, Greenwood, and Jackson.

PER CURIAM:

A district court has continuing jurisdiction in divorce proceedings under Utah Code Ann. § 30-3-5 and several orders in a single divorce proceeding may be final and appealable. See Copier v. Copier, 939 P.2d 202, 203 (Utah Ct. App. 1997). However, when a trial court rules on one issue and reserves others, even in a divorce context, the question of finality arises. In the case at hand, the district court entered a judgment for minimum child support against appellee pursuant to an order modifying custody and child support, but reserving for trial other issues raised in the parties' cross-Petitions to Modify, including additional child support. Given this, we conclude that the district court's order and judgment are not final and dismiss the appeal for lack of jurisdiction.

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Judith M. Billings, Judge

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Pamela T. Greenwood, Judge

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Norman H. Jackson, Judge