State of Utah v. Swart

----ooOoo---- State of Utah,

Plaintiff and Appellee,

v.

Richard S. Swart,

Defendant and Appellant. )
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) MEMORANDUM DECISION
(Not For Official Publication)

Case No. 981621-CA

F I L E D
(December 3, 1998)

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Third District, Salt Lake Department
The Honorable Leslie A. Lewis

Attorneys:Richard S. Swart, Appellant Pro Se
Jan Graham and Norman E. Plate, Salt Lake City, for
Appellee
 

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Before Judges Billings, Jackson, and Orme.

PER CURIAM:

Utah R. App. P. 3(a) provides that an appeal may be taken from all final orders and judgments of a district court. Absent a final order or judgment, the appellate court lacks jurisdiction and must dismiss the appeal. State v. Rawlings, 829 P.2d 150, 153 (Utah Ct. App. 1992). In the case at hand, there is a written signed ruling of the trial court that directs the State to prepare an Order consistent therewith "indicating that the defendant's Motion is denied." Thus, by its own terms, the ruling is not a final order. It is merely a memorandum from which the final judgment is to be drawn. See Swenson Assoc. Arch. v. State, 889 P.2d 415, 417 (Utah 1994).

Because the appeal is not taken from a final order, we have no alternative but to dismiss the appeal for lack of jurisdiction.

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Judith M. Billings, Judge

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Norman H. Jackson, Judge

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Gregory K. Orme, Judge