Rhoades v. Hanson

----ooOoo----

Paula Rhoades, temporary custodian
of Naomi Rhoades, a minor,
Petitioner,

v.

The Honorable Timothy R. Hanson,
and T. Jared Parker
and Marsha Madsen Parker,
petitioners for the guardianship
of Naomi Rhoades, a minor,
Respondents.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000655-CA

F I L E D
September 14, 2000
  2000 UT App 261 -----

Original Proceeding in this Court

Attorneys:
Wendell P. Ables, Salt Lake City, for Petitioner
Jane Allen, Salt Lake City, for Respondents T. Jared Parker and Marsha Madsen Parker
Brent Johnson, Salt Lake City, for Respondent Honorable Timothy R. Hanson

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Before Judges Greenwood, Jackson, and Orme.

PER CURIAM:

This case is before the court on a Verified Petition for Extraordinary Relief seeking an order prohibiting the district court from granting respondents T. Jared Parker and Marsha Madsen Parker the guardianship and custody of the minor child without a full evidentiary hearing on all issues arising after the hearing held on January 20, 2000.

Extraordinary relief is available only in those limited circumstances where "no other plain, speedy and adequate remedy is available to a party." Utah R. Civ. P. 65B(a); Utah R. App. P. 19(b)(4). An appeal of right is available in this case upon the entry of the district court's findings of fact, conclusions of law and final order. Under these circumstances, appellate-like review of the trial court's memorandum decision, which by its own terms directed the preparation of a further judgment, is not appropriate.

Under the circumstances, petitioner has a plain, speedy and adequate remedy through an appeal from the final judgment.

Accordingly, we deny the petition for extraordinary relief.
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 

______________________________
Gregory K. Orme, Judge