Barry v. Barry
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IN THE UTAH COURT OF APPEALS ----ooOoo---Shane Barry, Petitioner and Appellee, v. Piper Anne Barry, Respondent and Appellant, ______________________________ S. Parker Construction, Inc.; and Parker Investments, LLC, Intervenors. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20100187-CA F I L E D (May 6, 2010) 2010 UT App 115 ----Fifth District, St. George Department, 054500737 The Honorable James L. Shumate Attorneys: Terry L. Hutchinson, St. George, for Appellant Rick C. Mellen, St. George, for Appellee ----- Before Judges Davis, McHugh, and Voros. PER CURIAM: Piper Anne Barry seeks to appeal the trial court's oral rulings from a January 25, 2010 hearing. This is before the court on its own motion for summary disposition based on the lack of jurisdiction due to the absence of a final order. Appeals as of right typically may be taken only from final orders or judgments. See Utah R. App. P. 3(a). Generally, an appeal taken from an order that is not final is improper and this court must dismiss it. See Bradbury v. Valencia, 2000 UT 50, ¶¶ 8-9, 5 P.3d 649. "[T]he law is well settled in the state that the statements made by a trial judge are not the judgment of the case and it is only the signed judgment that prevails." State v. Gerrard, 584 P.2d 885, 887 (Utah 1978). Accordingly, oral rulings from the bench are not final and appealable. See id. Barry filed her notice of appeal after the trial court ruled from the bench. She acknowledges that there is no final order reducing the trial court's ruling to writing. As a result, this appeal is improperly taken and must be dismissed. See Bradbury, 2000 UT 50, ¶ 8. Accordingly, this appeal is dismissed without prejudice to the filing of a timely notice of appeal after the entry of a final order.1 ______________________________ James Z. Davis, Presiding Judge ______________________________ Carolyn B. McHugh, Associate Presiding Judge ______________________________ J. Frederic Voros Jr., Judge 1 Shane Barry filed a motion for summary disposition asserting that Piper Barry's notice of appeal was untimely from the orders entered in January 2009. Because Barry's appeal identified the ruling from January 2010, Shane's argument regarding the prior orders is not properly before the court in this posture. 20100187-CA 2
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