Reddish v. GaletkaAnnotate this Case
Marvin Kent Reddish,
Petitioner and Appellant,
Hank Galetka, Warden, Utah State
Respondent and Appellee.
(Not For Official Publication)
Case No. 990189-CA
F I L E D
May 6, 1999
1999 UT App 145 -----
Second District, Ogden Department
The Honorable Michael J. Glasmann
Marvin Kent Reddish, Draper, Appellant Pro Se
Jan Graham and Jeffrey S. Gray, Salt Lake City, for Appellee
Before Judges Greenwood, Davis, and Jackson.
For an order to be final it must "finally dispose of the subject-matter of the litigation on the merits of the case." Kennedy v. New Era Industries, Inc., 600 P.2d 534, 536 (Utah 1979) (citation omitted). In other words, a judgment is final when it "ends the controversy between the parties litigant." Id. (citation omitted). If a judgment is not final, we do not have jurisdiction to review it. See Utah R. App. P. 3(a) (stating that an appeal may be taken from final orders only).
The order that Reddish seeks to appeal
resolves only three of five issues presented in his petition for extraordinary
relief. In the order, the trial court specifically asks for additional
information on the remaining two issues:
The attorney general shall
respond to only the two surviving claims concerning whether trial counsel
provided ineffective assistance because of the potential conflict between
petitioner's trial counsel and a defense witness.
Because not all issues between the parties
have been resolved, the order sought to be appealed is not final.(1)
Accordingly, we have no alternative but to dismiss the appeal for lack
Pamela T. Greenwood,
Associate Presiding Judge
James Z. Davis, Judge
Norman H. Jackson, Judge
1. There has been some question about whether Reddish was attempting to file an interlocutory appeal, because, in his notice of appeal Reddish refers to an interlocutory appeal. However, because Reddish did not file a petition for permission to file an interlocutory appeal and his notice of appeal was filed after the 20 day deadline for filing such a petition, we do not consider his appeal to be interlocutory. See Utah R. App. P. 5(a); see also, Utah R. App. P. 2. (precluding us from extending the 20 day period for filing a petition for permission to file an interlocutory appeal).