Cropper v. Cropper (Sonne)

Cropper v. Cropper (Sonne), Case No. 20010648-CA, Filed October 18, 2001, 2001 UT App 302 IN THE UTAH COURT OF APPEALS

----ooOoo----

Daniel Brian Cropper,
Petitioner and Appellant,

v.

Patricia L. Cropper (Sonne),
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010648-CA

F I L E D
October 18, 2001 2001 UT App 302 -----

Third District, Salt Lake Department
Commissioner Thomas N. Arnett

Attorneys:
Daniel Brian Cropper, Las Vegas, Nevada, Appellant Pro Se
Steven Kuhnhausen, Salt Lake City, for Respondent -----

Before Judges Greenwood, Jackson, and Bench.

PER CURIAM:

Appellant appeals from an order entered by Commissioner Thomas N. Arnett. This case is before the court on a sua sponte motion for summary dismissal.

A commissioner does not have the authority to enter a final order disposing of a case. See Holm v. Smilowitz, 840 P.2d 157, 167-68 (Utah Ct. App. 1992). "Court commissioners are quasi-judicial officers of courts of record and have limited judicial authority." Utah Code Ann. § 78-3-31(1)(a) (1996). "Commissioners shall not make final adjudications of domestic relations matters." Utah R. Jud. Admin. 6-401(6)(A). Rule 6-401(4) of the Utah Rules of Judicial Administration specifies how to seek review of any objections to the commissioner's recommendation order. Judicial review is also provided for all issues not resolved at settlement or pretrial conference. See Utah R. Jud. Admin. 6-401(5).

Based on the above, the order entered by the commissioner cannot be a final order resolving the issues in this case. Consequently, this court lacks jurisdiction and must dismiss the appeal. See Utah R. App. P. 3(a). If appellant wishes to pursue the arguments raised to this court, he must proceed in accordance with Rule 6-401(4) and file his objection with the trial court.

The appeal is dismissed for lack of jurisdiction.
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 

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Russell W. Bench, Judge