Brooks v. State

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Brooks v. State - Case No. 990913-CA IN THE UTAH COURT OF APPEALS

Vear Brooks,
Petitioner and Appellant,


State of Utah,
Respondent and Appellee.

(Not For Official Publication)

Case No. 990913-CA

(December 23, 1999) 1999 UT App 380 -----

Third District, Salt Lake Department
The Honorable William B. Bohling

Vear Brooks, Draper, Appellant Pro Se
Jan Graham, Laura B. Dupaix, and Erin Riley, Salt Lake City, for Appellee


Before Judges Greenwood, Davis, and Orme.


This matter is before the court on the parties' cross-motions for summary disposition. We deny appellant's motion, grant appellee's motion and dismiss the appeal.

An appeal may be taken from a district court from all final orders and judgments. See Utah R. App. P. 3(a). Absent a final order, the appellate court lacks jurisdiction and must dismiss the appeal. See State v. Rawlings, 829 P.2d 150, 153 (Utah Ct. App. 1992). To be final, an order must be in writing and must be signed by the trial court. See Hinkins v. Santi, 25 Utah 2d 324, 481 P.2d 53 (1971).

In the case at hand, the trial court has not entered a written, signed order dismissing the petition. Accordingly, we lack jurisdiction over the appeal and have no alternative but to dismiss it.


Pamela T. Greenwood,

Associate Presiding Judge


James Z. Davis, Judge


Gregory K. Orme, Judge