Gillmor v. Family Link, LLC, et al.
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IN THE UTAH COURT OF APPEALS ----ooOoo---Nadine Gillmor, Plaintiff and Appellant, v. Family Link, LLC; David K. Richards; Barry Todd Miller; Joan Ellen Miller; Doug Carl Dohring; Laurie Ann Dohring; Kenneth W. Macey; Robin A. Macey; and John Does 1-40, Defendants and Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080223-CA F I L E D (May 15, 2008) 2008 UT App 175 ----Third District, Silver Summit Department, 070500385 The Honorable Robert K. Hilder Attorneys: Bruce R. Baird, Sandy, for Appellant Keith W. Meade, Salt Lake City, for Appellees Family Link, LLC; Kenneth W. Macey; and Robin A. Macey Elizabeth T. Dunning, Salt Lake City, for Appellee David K. Richards Edwin C. Barnes and Christopher B. Snow, Salt Lake City, for Appellees Doug Carl Dohring and Laurie Ann Dohring ----- Before Judges Billings, Davis, and McHugh. PER CURIAM: This case is before the court on Appellees' motion to dismiss for lack of jurisdiction. Appellees argue that this court lacks jurisdiction due to the absence of a final order or judgment. See Utah R. App. P. 3(a). Nadine Gillmor filed a notice of appeal on March 4, 2008, indicating that she was appealing from the trial court's order issued February 20, 2008, granting Appellees' motion to dismiss. At the time the notice of appeal was filed, the trial court had not yet ruled on an outstanding motion for rule 11 sanctions. Because the order from which Gillmor appeals did not resolve all claims of all parties, it is not a final order and cannot be appealed except by the granting of a petition for interlocutory appeal. Cf. Loffredo v. Holt, 2001 UT 97, ¶ 12, 37 P.3d 1070 ("A judgment is not final if the trial court has failed to determine whether attorney fees should be awarded."); ProMax Dev. Corp. v. Raile, 2000 UT 4, ¶ 15, 998 P.2d 254 (holding that "a trial court must determine the amount of attorney fees awardable to a party before the judgment becomes final for the purposes of an appeal under Utah Rule of Appellate Procedure 3"). In the absence of a final order, this court lacks jurisdiction and must dismiss the appeal. See Loffredo, 2001 UT 97, ¶ 11. This appeal is dismissed without prejudice to the filing of a timely appeal after a final judgment has been entered. ______________________________ Judith M. Billings, Judge ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge 20080223-CA 2
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