C.N. v State (In re D.N.)
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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, in the interest of D.N., A.S., A.N., J.Z., and A.S., persons under eighteen years of age. ______________________________ C.N., Appellant, v. State of Utah, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20050929-CA F I L E D (December 1, 2005) 2005 UT App 516 ----Third District Juvenile, Salt Lake Department, 456839 The Honorable Kimberly K. Hornak Attorneys: Julie George, Salt Lake City, for Appellant Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee Martha Pierce, Salt Lake City, Guardian Ad Litem ----- Before Judges Davis, Orme, and Thorne. PER CURIAM: Appellant C.N. appeals from a signed minute entry terminating her parental rights. The State has moved for summary disposition on the basis of lack of jurisdiction. See Utah R. App. P. 10(a)(1). An appeal may be taken only from a final judgment or order. See Utah R. App. P. 3(a). "Absent a final [judgment or] order, [this] court lacks jurisdiction and must dismiss the appeal." Reagan v. Blount, 1999 UT App 154,¶4, 978 P.2d 1051 (per curiam). "A signed minute entry will not be considered a final order where its language indicates that it is not intended as final." State v. Leatherbury, 2003 UT 2,¶9, 65 P.3d 1180. When further action is contemplated by the order, it is not deemed final and appealable. See id. The signed minute entry in this case contemplated further action, specifically, that the State "prepare a written order consistent with the court's ruling." Therefore, it is not final. When an appeal is taken in the absence of a final order, this court lacks jurisdiction to consider the appeal. See Utah R. App. P. 3(a). "When a matter is outside the court's jurisdiction, it retains only the authority to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). Accordingly, this appeal is dismissed, without prejudice to the timely filing of a notice of appeal from a final judgment or order entered by the juvenile court. ______________________________ James Z. Davis, Judge ______________________________ Gregory K. Orme, Judge ______________________________ William A. Thorne Jr., Judge 20050929-CA 2
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