Scott v. Scott

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IN THE UTAH COURT OF APPEALS ----ooOoo---Lorri Naegle Scott, Petitioner and Appellee, v. Russell Emanuel Scott, Respondent and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080137-CA F I L E D (November 20, 2008) 2008 UT App 422 ----Third District, Salt Lake Department, 014200034 The Honorable Joseph C. Fratto Jr. Attorneys: Russell Emanuel Scott, South Jordan, Appellant Pro Se Dennis L. Mangrum, Salt Lake City, for Appellee ----- Before Judges Bench, Davis, and McHugh. PER CURIAM: Russell Scott appeals the trial court's order denying his motions to set aside prior orders of the court. This is before the court on Appellee Lorri Naegle Scott's motion for summary disposition. Although Scott timely filed his appeal from the January 2008 order, in his appeal brief he directly attacks prior orders of the court. Scott does not address the trial court's order from which he appeals but, rather, argues his position anew challenging other orders. The final order in the divorce matter was affirmed by this court in 2004 and is now beyond attack. An appeal is a resort to a superior court to review the decision of a lower court. See Allen v. Friel, 2008 UT 56, ¶ 14, 611 Utah Adv. Rep. 3. Accordingly, to permit the exercise of appellate jurisdiction, "an appellant must allege the lower court committed an error that the appellate court should correct." Id. ¶ 7. Scott does not allege trial court error in its January 2008 order.1 Accordingly, he fails to present a substantial issue for review warranting further consideration by this court. Affirmed.2 ______________________________ Russell W. Bench, Judge ______________________________ James Z. Davis, Judge ______________________________ Carolyn B. McHugh, Judge 1 Scott argued below that service was not proper. The trial court noted that Scott was served with the complaint and appeared and defended at each stage throughout the proceeding. 2 Appellee's request for attorney fees under rule 33 of the Utah Rules of Appellate Procedure is denied. 20080137-CA 2

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