DWS v. Brown

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IN THE UTAH COURT OF APPEALS ----ooOoo---Department of Workforce Services, Plaintiff and Appellee, v. Tirone K. Brown, Defendant and Appellant. ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20051013-CA F I L E D (December 22, 2005) 2005 UT App 558 ----Third District, Salt Lake Department, 056923705 The Honorable Stephen Roth Attorneys: Tirone K. Brown, Salt Lake City, Appellant Pro Se Hugh C. Bunker, Salt Lake City, for Appellee ----- Before Judges Davis, McHugh, and Orme. PER CURIAM: Tirone K. Brown filed a notice of appeal after the Department of Workforce Services (Workforce Services) docketed an abstract of an administrative order determining an overpayment of services to Brown. This is before the court on its own motion for summary disposition based on lack of jurisdiction. Brown has not filed a response. An appeal may be taken only from final orders or judgments. See Utah R. App. P. 3. Workforce Services docketed an abstract of an administrative order pursuant to Utah Code section 35A-3606. See Utah Code Ann. § 35A-3-606 (2005). The docketing of the abstract provides additional enforcement options, but liability had already been determined in the prior administrative proceeding. There is no record that Brown appealed that determination. Furthermore, the abstract is not a final court order or judgment. As a result, there is no final order providing the basis for an appeal. Where this court lacks jurisdiction over an appeal, it retains only the authority to dismiss it. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). Accordingly, this appeal is dismissed. ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge ______________________________ Gregory K. Orme, Judge 20051013-CA 2

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