Scott v. Scott

----ooOoo----

Lorri Naegle Scott,
Petitioner and Appellee,

v.

Russell Scott,
Respondent and Appellant

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010650-CA

F I L E D
November 16, 2001 2001 UT App 344 -----

Third District, Murray Department
The Honorable Joseph C. Fratto, Jr.

Attorneys:
Russell-Emanuel Scott, South Jordan, Appellant Pro Se
Dennis L. Mangrum and Richard S. Nemelka, Salt Lake City, for Appellee -----

Before Judges Greenwood, Jackson, and Bench.

PER CURIAM:

Appellant Russell Scott appeals from a temporary order pertaining to child custody and support and from a civil contempt order finding that he is in arrears in payment of temporary child support. The case is before the court on a sua sponte motion for summary dismissal because the appeal is not taken from a final appealable order.

Appellant concedes that the orders he seeks to appeal are not final and appealable as a matter of right. He contends, however, that the appeal may be considered as a discretionary interlocutory appeal under Rule 5 of the Utah Rules of Appellate Procedure. We disagree. The requirements for obtaining permission to appeal from an interlocutory order are specific and may not be modified or suspended by this court. See Utah R. App. P. 2. Those requirements include filing of a timely petition for permission to appeal in the appropriate appellate court. Appellant did not file a petition in this court within the time allowed by Rule 5; therefore, we deny the request to treat the appeal as an interlocutory appeal.

Accordingly, we dismiss the appeal for lack of jurisdiction because it is not taken from a final appealable order.
 
 

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Pamela T. Greenwood,
Presiding Judge
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 

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Russell W. Bench, Judge