State v. Vonberg
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IN THE UTAH COURT OF APPEALS ----ooOoo---State of Utah, Plaintiff and Appellee, v. Corey Evan Vonberg, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080049-CA F I L E D (April 3, 2008) 2008 UT App 122 ----Fifth District, Cedar City Department, 031501000 The Honorable G. Michael Westfall Attorneys: Corey Evan Vonberg, Draper, Appellant Pro Se ----- Before Judges Greenwood, Thorne, and Billings. PER CURIAM: Corey Evan Vonberg appeals the December 17, 2007 "opinion of a deputy court clerk of the Fifth District Iron County." This matter is before the court on its own motion for summary disposition for lack of jurisdiction due to the absence of a final order. An appeal may be taken from a final order or judgment that is issued by a district or juvenile court. See Utah R. App. P. 3(a). Generally, "[a]n appeal is improper if it is taken from an order or judgment that is not final." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. The deputy court clerk's response that the district court could not process his sworn statement without a formal pleading does not constitute a court order. Instead, it was an informational letter instructing Vonberg to file one of the pleadings required to initiate court action. The district court has not entered any order from which to appeal. lacks jurisdiction and must dismiss the appeal. Accordingly, this appeal is dismissed. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Judith M. Billings, Judge 20080049-CA 2 Thus, this court See id. ¶ 8.
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