Shreelaxmi, Inc. v. Keller
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IN THE UTAH COURT OF APPEALS ----ooOoo---Shreelaxmi, Inc., dba Motel 6 of Vernal, Plaintiff and Appellant, v. Kent Keller and Cheryl B. Keller, Defendants and Appellees. ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20100598-CA F I L E D (October 21, 2010) 2010 UT App 289 ----Eighth District, Vernal Department, 100800345 The Honorable Edwin T. Peterson Attorneys: Daniel S. Sam, Vernal, for Appellant ----- Before Judges Davis, McHugh, and Voros. PER CURIAM: Shreelaxmi, Inc. appeals the district court's order entered on July 9, 2010. This matter is before the court on a sua sponte motion for summary disposition. We dismiss the appeal without prejudice. 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. This court lacks jurisdiction to consider an appeal unless it is taken from a final, appealable order. See id. ¶ 8. Previously, a signed minute entry could be considered a final, appealable order so long as it specified with certainty a final determination of the rights of the parties and was susceptible to enforcement. See Dove v. Cude, 710 P.2d 170, 171 (Utah 1985); see also Cannon v. Keller, 692 P.2d 740, 741 (Utah 1984). The Utah Supreme Court has since determined that the prior framework for analyzing the finality of a minute entry or order for purposes of appeal was unworkable. See Giusti v. Sterling Wentworth Corp., 2009 UT 2, ¶¶ 30-36, 201 P.3d 966. As of the supreme court's decision in Giusti, a minute entry or order contemplated as final by the district court "must explicitly direct that no additional order is necessary." Id. ¶ 32. Otherwise, when the district court does not expressly direct that its order is the final order of the court, rule 7(f)(2) of the Utah Rules of Civil Procedure requires the prevailing party to prepare and file an order to trigger finality for purposes of appeal. See id. ¶ 30. The July 9, 2010 ruling and order does not satisfy the requirements set forth in Giusti. The district court did not expressly indicate that the July 9, 2010 ruling and order was the final order of the court. Furthermore, neither party prepared a final order as required by rule 7(f)(2) of the Utah Rules of Civil Procedure. Thus, the July 9, 2010 ruling and order is not final for purposes of appeal and this court is required to dismiss the appeal. Accordingly, the appeal is dismissed without prejudice to the filing of a timely appeal from a final order. ______________________________ James Z. Davis, Presiding Judge ______________________________ Carolyn B. McHugh, Associate Presiding Judge ______________________________ J. Frederic Voros Jr., Judge 20100598-CA 2
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