D'Addabbo v. Cache County, Inc.

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IN THE UTAH COURT OF APPEALS ----ooOoo---David J. D'Addabbo, Plaintiff and Appellant, v. Cache County, Inc. and State of Utah, Inc., Defendant and Appellee. ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20100806-CA F I L E D (December 9, 2010) 2010 UT App 346 ----Third District, Salt Lake Department, 100910394 The Honorable Robert P. Faust Attorneys: David J. D'Addabbo, Nibley, Appellant Pro Se Jesse C. Trentadue and Brian D. Bolinder, Salt Lake City, for Appellee ----- Before Judges McHugh, Thorne, and Voros. PER CURIAM: David J. D'Addabbo seeks to appeal dismissing Cache County from the action the court on its own motion for summary lack of jurisdiction due to the absence the trial court's order below. This is before disposition based on the of a final order. Generally, appeals may be taken only from final orders. See Utah R. App. P. 3(a); Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. To be final, an order "must dispose of the case as to all the parties, and finally dispose of the subject-matter of the litigation." Bradbury, 2000 UT 50, ¶ 9. Here, the trial court dismissed only Cache County. The State of Utah remains as a defendant below and the litigation remains pending before the trial court. Accordingly, the order dismissing Cache County is not a final appealable order. See id. Where an appeal is not properly taken, this court lacks jurisdiction and must dismiss the appeal. See id. ¶ 8. Accordingly, this appeal is dismissed without prejudice to the timely filing of a notice of appeal after the entry of a final order. ______________________________ Carolyn B. McHugh, Associate Presiding Judge ______________________________ William A. Thorne Jr., Judge ______________________________ J. Frederic Voros Jr., Judge 20100806-CA 2

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