Watkins v. Galetka

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Watkins v. Galetka. Filed June 24, 1999 IN THE UTAH COURT OF APPEALS

Charles Watkins,
Petitioner and Appellant,


Hank Galetka, Warden, Utah State Prison,
Respondent and Appellee.

(Not For Official Publication)

Case No. 990367-CA

June 24, 1999
  1999 UT App 206 -----

Third District, Salt Lake Department
The Honorable Homer F. Wilkinson

Charles Watkins, Draper, Appellant Pro Se
Jan Graham and Erin Riley, Salt Lake City, for Appellee


Before Judges Wilkins, Davis, and Orme.


Watkins seeks to appeal the March 24, 1999, unsigned minute entry in which the State is directed to "prepare an order and the necessary findings of fact and conclusions of law." However, unsigned minute entries and orders that instruct a party to prepare other documents are not considered final for purposes of appeal. See Wilson v. Manning, 645 P.2d 655, 655 (Utah 1982) (concluding that an unsigned minute entry is not a final judgment for purposes of appeal); Swenson Associates Architects v. State, 889 P.2d 415, 417 (Utah 1994) (concluding that an order requiring defendant's counsel to prepare another order is not final and appealable). Because the March 24, 1999, minute entry is not a final order and we may only consider appeals from final orders, we have no alternative but to dismiss this appeal for lack of jurisdiction. See Utah R. App. P. 3(a).

In keeping with this decision, Watkins' pending motions and requests are hereby denied.

Michael J. Wilkins,
Presiding Judge

James Z. Davis, Judge

Gregory K. Orme, Judge