Dill v. Salt Lake City Corp.

Dill v. Salt Lake City Corp.

IN THE UTAH COURT OF APPEALS

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Willie Lee Dill,

Plaintiff and Appellant,

v.

Salt Lake City Corporation,

Defendant and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040456-CA
 

F I L E D
(August 19, 2004)
 

2004 UT App 281

 

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Third District, Salt Lake Department

The Honorable Sheila K. McCleve

Attorneys: Willie Lee Dill, Appellant Pro Se

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Before Judges Bench, Davis, and Jackson.

PER CURIAM:

    Willie Lee Dill seeks to appeal the trial court's order quashing the service of his complaint on Salt Lake City Corporation. This matter is before the court on its own motion for summary disposition.

    Appeals may be taken only from "final orders and judgments." Utah R. App. P. 3(a). "For an order to constitute a final judgment, it must end the controversy between the litigants." Loffredo v. Holt, 2001 UT 97,¶12, 37 P.3d 1070. Dill does not appeal a final order, but appeals only the quashing of service. The court's order resolves no claim between the parties, and is not a final order for purposes of appeal.

    Absent a final order, this court lacks jurisdiction over the appeal. See id. at ¶11. Once this court determines it lacks jurisdiction, it retains only the authority to dismiss the
appeal. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989).

    Accordingly, we dismiss the appeal.

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Russell W. Bench,

Associate Presiding Judge

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James Z. Davis, Judge

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Norman H. Jackson, Judge