Brown v. Harding

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Lori A. Brown (Newton),
Plaintiff and Appellant,

v.

Ray Lynn Harding; Eileen R. Harding;
and Eileen R. Harding, Trustee of the
Eileen R. Harding Family Trust,
Defendants and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990800-CA

F I L E D
February 10, 2000
2000 UT App 025
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Fourth District, Provo Department
The Honorable Gary D. Stott

Attorneys:
Thomas W. Seiler, Provo, for Appellant
Noall T. Wootton, American Fork, for Appellees

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Before Judges Greenwood, Davis, and Jackson.

PER CURIAM:

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 Indus., 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 appeal may only be taken from final orders).

The order appellant seeks to appeal applies to two of the three defendants, but does not mention the third, Eileen R. Harding as trustee of the Eileen R. Harding Family Trust. In fact, appellant filed an objection to the judgment asking that the trustee be included in the judgment as she was a party to the underlying lawsuit. It does not appear that the trial court considered this objection.

Because the judgment does not apply to all defendants, the order sought to be appealed is not final. Accordingly, we have no alternative but to dismiss the appeal for lack of jurisdiction. This dismissal is without prejudice to the filing of a new, timely notice of appeal after the trial court enters a final order disposing of all the issues as to all parties.
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 

______________________________
James Z. Davis, Judge
 
 
 
 

______________________________
Norman H. Jackson, Judge