E.S. v. State (In re A.S.)

E.S. v. State (In re A.S.)

IN THE UTAH COURT OF APPEALS
 

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State of Utah, in the interest of A.S., a person under eighteen years of age.

______________________________

E.S.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040589-CA
 

F I L E D
(September 16, 2004)
 

2004 UT App 317

 

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Third District Juvenile, Salt Lake Department

The Honorable Kimberly K. Hornak

Attorneys: Justin Kent Roberts, Murray, for Appellant

Mark L. Shurtleff and Carol L.C. Verdoia, Salt Lake City, for Appellee

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Before Judges Billings, Orme, and Thorne.

PER CURIAM:

    E.S. seeks to appeal the juvenile court's grant of the State's motion to dismiss him as a party. The State's motion was granted from the bench and recorded only in an unsigned minute entry.

    Generally, appeals may be taken only from "final orders and judgments." Utah R. App. P. 3(a). This court does not have jurisdiction to consider an appeal unless the appeal is taken from a final judgment or order. See id.; Loffredo v. Holt, 2001 UT 97,¶10, 37 P.3d 1070. "It is well settled that 'an unsigned minute entry does not constitute an entry of judgment, nor is it a final judgment for purposes of [appeal].'" Ron Shepherd Ins. v. Shields, 882 P.2d 650, 653 (Utah 1994) (quoting Wilson v. Manning, 645 P.2d 655 (Utah 1982)). The juvenile court's unsigned minute entry granting the State's motion to dismiss E.S. is therefore not a final judgment or order. As a result, this court lacks jurisdiction to review this appeal. See Loffredo, 2001 UT 97 at ¶¶10-11. When this court lacks jurisdiction, it must dismiss the appeal. See id.

    Accordingly, this appeal is dismissed without prejudice to the timely filing of a notice of appeal from a final judgment or order entered by the juvenile court.

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Judith M. Billings,

Presiding Judge

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Gregory K. Orme, Judge

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William A. Thorne Jr., Judge