Straley v. Galetka

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Robert Dale Straley,
Petitioner and Appellant,

v.

Hank Galetka, et al.,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000083-CA

F I L E D
April 27, 2000
  2000 UT App 114 -----

Third District, Salt Lake Department
The Honorable Leslie A. Lewis

Attorneys:
Robert Dale Straley, Draper, Appellant Pro Se
Jan Graham and James H. Beadles, Salt Lake City, for Appellee

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Before Judges Bench, Billings, and Davis.

PER CURIAM:

An appeal may be taken from a district court from all final orders and judgments. See Utah R. App. P. 3(a). Absent a final order, the appellate court lacks jurisdiction and must dismiss the appeal. See 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. See Hinkins v. Santi, 25 Utah 2d 324, 481 P.2d 53 (1971). There is no written, signed order, but only an unsigned minute entry directing the respondent to prepare and submit a proposed order. Accordingly, we have no alternative but to dismiss the appeal. Appellant's motion to stay the appeal is denied.
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 

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James Z. Davis, Judge