Nielson v. Hamblin

Nielson v. Hamblin

IN THE UTAH COURT OF APPEALS
 

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Faucett Field Ditch Co., et al.,

Plaintiffs,

v.

John or Jane Does 1 through 10,

Defendants.

____________________________

June A. Hamblin,

Appellant,

v.

Courtyard at Jamestown Associates, Courtyard Retirement Group I., L.C.,

Douglas A. Nielson, Mary Lou Nielson, John D. Jesperson,

and Diana M. Jesperson,

Appellees.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040905-CA
 

F I L E D
(February 3, 2005)
 

2005 UT App 49

 

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Fourth District, Provo Department

The Honorable James R. Taylor

Attorneys: June A. Hamblin, Tucson, AZ, Appellant Pro Se

Carolyn B. Mc Hugh, Salt Lake City, for Appellees

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Before Judges Billings, Greenwood, and Thorne.

PER CURIAM:

    This case is before the court on a motion for summary disposition filed by Appellees Courtyard at Jamestown Associates, Courtyard Retirement Group I, L.C., Douglas A. Nielson, Mary Lou Nielson, John D. Jesperson, And Diana M. Jesperson. Appellant June A. Hamblin did not respond to the motion.

    "For a judgment or order to be final, it must dispose of the case as to all parties, and finally dispose of the subject-matter of the litigation on the merits of the case." In re S. Am. Ins. Co., 930 P.2d 276, 278 (Utah Ct. App. 1996). A final appealable judgment disposes of "all parties and claims to an action." Bradbury v. Valencia, 2000 UT 50, ¶9, 5 P.3d 649. Hamblin purports to appeal to obtain a continuance of the evidentiary hearing held on October 13, 2004. Hamblin did not appear at the evidentiary hearing, and she filed her notice of appeal on the date scheduled for the hearing. Although the district court announced its ruling, no final order has been entered on the remaining issues before the court due to filing of this appeal.(1) Once we determine 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).

    We dismiss the appeal for lack of jurisdiction, without prejudice to a timely appeal filed after the entry of a final, appealable judgment.

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Judith M. Billings,

Presiding Judge

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Pamela T. Greenwood, Judge

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William A. Thorne Jr., Judge

1. The notice of appeal does not indicate the order that Hamblin sought to appeal. Although she filed an ex parte request for a continuance of the evidentiary hearing, any ruling on that request would have been interlocutory and not appealable as a matter of right. See Utah R. App. P. 3 (stating an appeal may be taken from all "final orders and judgments.").