Jones v. Taylor

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Jones v. Taylor. Filed October 21, 1999 IN THE UTAH COURT OF APPEALS


David Thayne Jones,
Petitioner and Appellant,


Stanton M. Taylor,
Respondent and Appellee.

(Not For Official Publication)

Case No. 990737-CA

October 21, 1999
   1999 UT App 304 -----

Second District, Ogden Department
Honorable W. Brent West

David Thayne Jones, Draper, Appellant Pro Se
Jan Graham and Laura B. Dupaix, Salt Lake City, for Appellee


Before Judges Wilkins, Bench, and Orme.


Jones seeks to appeal the trial court's August 11, 1999, ruling. We dismiss the appeal for lack of jurisdiction.

On August 11, 1999, the trial court held a hearing to resolve numerous motions filed by Jones and ruled from the bench. The trial court memorialized its August 11th ruling in an August 23, 1999, "decision," but specifically instructed the State's attorney to "prepare Findings of Fact, Conclusions of Law and an Order consistent with this Ruling." This has yet to be done.

We may only consider appeals from final orders. See Utah R. App. P. 3(a). There is no final order in this case. The August 11th oral ruling is not a final appealable order. See State v. Gerrard, 584 P.2d 885, 886 (Utah 1978) (concluding oral statements made from the bench are not the judgment of the case and therefore are not appealable). Likewise the August 23rd decision is not final because it instructs the State to prepare a final order, findings of fact, and conclusions of law. See Shaw v. Layton Constr. Co., 854 P.2d 1033, 1035 (Utah Ct. App. 1993) (stating a judgment is final when it "ends the controversy between the parties litigant").

Accordingly, we have no alternative but to dismiss Jones's appeal. See Utah R. App. P. 3(a). This dismissal is without prejudice to the filing of a new, timely notice of appeal after entry of a final order. See Utah R. App. P. 4(a).

Because this court lacks jurisdiction over this appeal, it denies all of Jones's motions pending before it.

Michael J. Wilkins,
Presiding Judge

Russell W. Bench, Judge

Gregory K. Orme, Judge