Diamond T. Dev. v. Brown

Diamond T. Dev. v. Brown

IN THE UTAH COURT OF APPEALS

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Diamond T. Developments, Inc.,

Plaintiff and Appellant,

v.

David R. Brown, Cris Loock, and Chad Stokes,

Defendants and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040239-CA
 

F I L E D
(August 19, 2004)
 

2004 UT App 278

 

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Second District, Ogden Department

The Honorable Parley R. Baldwin

Attorneys: M. Darin Hammond, Ogden, for Appellant

Scott L. Wiggins, Salt Lake City, for Appellees

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Before Judges Bench, Jackson and Orme.

PER CURIAM:

    Diamond T. Developments, Inc. (Diamond T.) seeks to appeal the memorandum decision of the trial court denying its motion for summary judgment. This case is before the court on its own motion for summary dismissal for lack of jurisdiction due to the absence of a final, appealable order or judgment. See Utah R. App. P. 10.

    This court does not have jurisdiction to consider an appeal unless the appeal is taken from a final judgment or order, see Utah R. App. P. 3(a), or qualifies for an exception to the final judgment rule. See Loffredo v. Holt, 2001 UT 97,¶¶10, 15, 37 P.3d 1070. A final judgment "end[s] the controversy between the litigants." Id. at ¶12. An order denying a motion for summary judgment does not constitute a final order or judgment for purposes of appeal. See, e.g., Denison v. Crown Toyota Motors, 571 P.2d 1359, 1360 (Utah 1977). When this court lacks jurisdiction it must dismiss the appeal. See Loffredo, 2001 UT 97 at ¶11.

    The trial court's memorandum decision denying Diamond T.'s motion for summary judgment is not a final judgment or order. Furthermore, no exceptions to the final judgment rule apply in this case.

    Accordingly, Diamond T.'s appeal is dismissed without prejudice to the timely filing of a notice of appeal from a final judgment or order entered by the district court.

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Russell W. Bench,

Associate Presiding Judge

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Norman H. Jackson, Judge

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Gregory K. Orme, Judge