Randle v. Randle

----ooOoo----

David W. Randle,
Plaintiff and Appellant,

v.

Mary Beth Randle,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000246-CA

F I L E D
June 29, 2000 2000 UT App 208 -----

Third District, Salt Lake Department
The Honorable Glenn K. Iwasaki

Attorneys:
David W. Randle, Sandy, Appellant Pro Se
Brent R. Chipman, Salt Lake City, for Appellee -----

Before Judges Greenwood, Davis and Orme.

PER CURIAM:

This appeal is before the court on a sua sponte motion to dismiss on the basis that no final judgment signed by the trial court has been entered.

The appeal was taken from an unsigned minute entry dated February 4, 2000. The minute entry "ordered [counsel for appellee] to prepare and submit supplemental findings of fact and conclusions of law consistent with this minute entry." On February 24, 2000, appellant filed a motion seeking clarification, and on March 22, 2000, he filed a notice of appeal taken from the minute entry. Appellant concedes that neither the supplemental findings of fact and conclusions of law nor a signed order has been entered in the trial court; nevertheless, he requests that this court consider the appeal as an interlocutory appeal. We decline.

No final appealable order has been entered by the trial court pursuant to the February 4, 2000 minute entry. The minute entry was not only unsigned, but it clearly contemplated the preparation of a further order. See Swenson Assoc. Architects v. State, 889 P.2d 415, 417 (Utah 1994) (stating that minute entry directing preparation of further order demonstrates it was not intended as final order). Failure of appellee's counsel to prepare the supplemental findings and conclusions is not a basis for this court's exercise of jurisdiction over this appeal.

We dismiss the appeal for lack of jurisdiction because it is not taken from a final appealable order signed by the trial court and entered by the clerk. Our dismissal is without prejudice to a timely appeal taken after entry of a final appealable order.
 
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 
 

______________________________
Gregory K. Orme, Judge