Watkins v. Galetka

Charles Watkins,
Petitioner and Appellant,

v.

Hank Galetka, Warden, Utah State Prison,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990319-CA

F I L E D
June 24, 1999
  1999 UT App 205 -----

Second District, Farmington Department
The Honorable Jon M. Memmott

Attorneys:
Charles Watkins, Draper, Appellant Pro Se
Jan Graham and Erin Riley, Salt Lake City, for Appellee

-----

Before Judges Wilkins, Davis, and Orme.

PER CURIAM:

For an order to be final it must "finally dispose of the subject-matter of the litigation on the merits of the case." Kennedy v. New Era Industries, Inc., 600 P.2d 534, 536 (Utah 1979) (citation omitted). In other words, a judgment is final when it "ends the controversy between the parties litigant." Id. (citation omitted). If a judgment is not final, we do not have jurisdiction to review it. See Utah R. App. P. 3(a) (stating that an appeal may be taken from final orders only).

The order that Watkins seeks to appeal leaves one issue to be resolved--whether by "not addressing [Watkins's] motion to set aside his plea, and proceeding with sentencing, the court may have violated [Watkins's] rights"--and specifically asks the State to file a response addressing this issue. Because one issue remains to be resolved, the order sought to be appealed is not final. Accordingly, we have no alternative but to dismiss the appeal for lack of jurisdiction. In keeping with this decision, Watkins "request for subpoena duces tecum" and any other pending motions are hereby denied.
 
 

______________________________
Michael J. Wilkins,
Presiding Judge
 
 
 

______________________________
James Z. Davis, Judge
 
 
 

______________________________
Gregory K. Orme, Judge