T.M. v. State (In re T.B.)

 Annotate this Case
Download PDF
IN THE UTAH COURT OF APPEALS ----ooOoo---In the matter of the adoption of T.B., an infant. ______________________________ T.M., Appellant, v. B.B. and S.B., Appellees. ) ) ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080657-CA F I L E D (September 18, 2008) 2008 UT App 339 ----Second District, Ogden Department, 072900020 The Honorable Roger S. Dutson Attorneys: Daniel S. Drage and Michael J. Boyle, Ogden, for Appellant Larry S. Jenkins and Lance D. Rich, Salt Lake City, for Appellees ----- Before Judges Thorne, Bench, and Orme. PER CURIAM: T.M. (Father) appeals the district court's ruling denying his motion to set aside the adoption of T.B., Father's biological child. This is before the court on its own motion for summary disposition based on lack of jurisdiction due to the absence of a final order. Generally, appeals may be taken only from final orders. See Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. Father filed a notice of appeal from the trial court's ruling, which denied his motion and expressly directed Father to prepare an order consistent with the ruling. Where a ruling directs further action, it is not a final order susceptible to enforcement. See State v. Leatherbury, 2003 UT 2, ¶ 9, 65 P.3d 1180. Because the ruling appealed here directed further action, it is not a final order. As a result, this court lacks jurisdiction and must dismiss the appeal. 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. ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Russell W. Bench, Judge ______________________________ Gregory K. Orme, Judge 20080657-CA 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.