State of Utah, v KontosAnnotate this Case
State of Utah,
Plaintiff and Appellee,
Anthony Nicholas Kontos,
Defendant and Appellant. )
) MEMORANDUM DECISION
(Not For Official Publication)
Case No. 981704-CA
F I L E D
February 11, 1999
Fifth District, Cedar City Department
The Honorable Robert T. Braithwaite
D. Bruce Oliver, Salt Lake City, for Appellant
Jan Graham and Norman E. Plate, Salt Lake City, for Appellee
----- Before Judges Greenwood, Bench, and Billings.
¶1 This appeal is before the court on a sua sponte motion for summary disposition, and on appellant's cross-motion for summary reversal. We dismiss the appeal for lack of jurisdiction.
¶2 Appellant Anthony Nicholas Kontos appeals from an order denying his motion to dismiss probation revocation proceedings. A defendant may take an appeal from a final judgment of conviction. See Utah Code Ann. § 77-18a-1(1)(a) (Supp. 1998). An order denying a motion to dismiss, which leaves the proceeding pending in the trial court, is not a final judgment appealable as a matter of right. See Utah R. App. P. 3(a). "The final judgment rule, which underlies . . . Utah Rule of Appellate Procedure 3, precludes a party from taking an appeal from any orders or judgments that are not final." A.J. Mackay Co. v. Okland Constr.Co., 817 P.2d 323, 325 (Utah 1991). Appellant did not file a timely petition under Utah R. App. P. 5 seeking permission from this court to appeal from the interlocutory order on the motion to dismiss. See Utah Code Ann. § 77-18a-1(1)(c) (Supp. 1998). Accordingly, this court lacks jurisdiction to consider the merits of this appeal.
¶3 We dismiss the appeal for lack of jurisdiction
because it is not taken from a final appealable judgment.
Pamela T. Greenwood, Judge
Russell W. Bench, Judge
Judith M. Billings, Judge