WVC v. Fail

IN THE UTAH COURT OF APPEALS
 

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West Valley City,

Plaintiff and Appellee,

v.

Anthony V. Fail,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20041114-CA
 

F I L E D
(March 17, 2005)
 

2005 UT App 131

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Third District, West Valley Department

The Honorable Terry C. Christiansen

Attorneys: L. Bruce Larsen, West Valley City, for Appellant

J. Richard Catten and Ryan D. Robinson, West Valley City, for Appellee

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Before Judges Davis, Jackson, and Thorne.

PER CURIAM:

    This appeal was filed by Anthony V. Fail, as a pro se litigant, from an order he represents was entered on November 22, 2004. This case is before the court on a sua sponte motion for summary disposition.

    Based upon a review of the record and the responses to the sua sponte motion, it appears that the court heard Fail's motion to be resentenced on November 22, 2004, and announced its decision to deny that motion. There is no signed order in the record containing that ruling; accordingly, there is no final appealable judgment from which this appeal is taken.

    Having concluded that we lack jurisdiction, we "[retain] only the authority to dismiss the action." Varian-Eimac, Inc. v.
Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). Accordingly, we dismiss the appeal.

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James Z. Davis, Judge

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Norman H. Jackson, Judge

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William A. Thorne Jr., Judge