Jackson v. Friel

IN THE UTAH COURT OF APPEALS

----ooOoo----

Lawrence M. Jackson,

Petitioner and Appellant,

v.

Clint Friel,

Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030791-CA
 

F I L E D
(May 20, 2004)
 

2004 UT App 166

-----

Third District, Salt Lake Department

The Honorable Tyrone E. Medley

Attorneys: Lawrence M. Jackson, Gunnison, Appellant Pro Se

Mark L. Shurtleff and Natalie A. Wintch, Salt Lake City, for Appellee

-----

Before Judges Billings, Greenwood, and Orme.

PER CURIAM:

    Appellant Lawrence M. Jackson appeals from a signed minute entry denying his petition for extraordinary relief. The State supports this court's motion for summary disposition.

    An appeal may be taken only from a final judgment or order. See Utah R. App. P. 3(a). "Absent a final [judgment or] order, [this] court lacks jurisdiction and must dismiss the appeal." Reagan v. Blount, 1999 UT App 154,¶4, 978 P.2d 1051 (per curiam).

    The signed minute entry that directs counsel to prepare "Findings of Fact, Conclusions of Law, and a Judgment" is not a final, appealable order or judgment. See, e.g., State v. Leatherbury, 2003 UT 2,¶9, 65 P.3d 1180. Further, the record contains no signed, final judgment entered by the district court.

    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 district court.

______________________________

Judith M. Billings,

Presiding Judge

______________________________

Pamela T. Greenwood, Judge

______________________________

Gregory K. Orme, Judge