Harrington v. Browne

Harrington v. Browne

IN THE UTAH COURT OF APPEALS
 

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William Harrington,

Plaintiff and Appellant,

v.

Victor A. Browne and Carol L. Browne,

Defendants and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20041056-CA
 

F I L E D
(February 10, 2005)
 

2005 UT App 57

 

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Third District, Salt Lake Department

The Honorable Tyrone Medley

Attorneys: William Harrington, South Jordan, Appellant Pro Se

Patrick J. Ascione, Provo, for Appellees

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Before Judges Billings, Greenwood, and Thorne.

PER CURIAM:

    William Harrington seeks to appeal the trial court's grant of summary judgment in favor of the Brownes. This matter is before the court on its own motion for summary disposition based on lack of jurisdiction due to the absence of a final order. In their responses, both parties acknowledge that there is no final appealable order in this case.

    Appeals may be taken only from final orders or judgments. See Utah R. App. 3(a). The trial court entered a partial summary judgment, reserving particular issues for trial. "A partial summary judgment is not generally a final judgment and hence is not appealable." Alvey Dev. Corp. v. Mackelprang, 2002 UT App 220,¶18, 51 P.3d 45 (quotations and citation omitted). Where an appeal is not properly taken, this court lacks jurisdiction and must dismiss the appeal. See Bradbury v. Valencia, 2000 UT 50,¶8, 5 P.3d 649.

    Accordingly, this appeal is dismissed without prejudice to the timely filing of a notice of appeal after the entry of a final order.

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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