Dawson v. Sweat

----ooOoo----

Maude "Marie" Dawson
fka M. Marie Sweat,
Plaintiff and Appellant,

v.

Maxene Sweat aka Maxene Jorgensen,
Jeanne Raquel Sweat, Lindsay Gappmayer
fka Lindsay R. Sweat, and Robert Gappmayer,
Defendants and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010641-CA

F I L E D
May 16, 2002 2002 UT App 169 -----

Fourth District, Heber City Department

The Honorable Fred D. Howard

Attorneys:
D. Bruce Oliver, Salt Lake City, for Appellant
Charles M. Bennett and Kristy L. Bertelsen, Salt Lake City, for Appellee

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Before Judges Jackson, Bench, and Orme.

PER CURIAM:

This matter is before the court on its sua sponte motion for consideration of summary dismissal for lack of jurisdiction because Appellant Dawson does not appeal from a final order. See Utah R. App. P. 10(e). The complaint alleged three causes of action: eviction, quiet title, and slander of title. The trial court granted summary judgment in favor of Appellee Jorgensen with respect to the action to quiet title. The other matters remain pending before the trial court. Because the trial court's order is not a final appealable order and a proper petition for permission to appeal an interlocutory order was not filed, this court lacks jurisdiction over the appeal. See Utah R. App. P. 5. When this court lacks jurisdiction, the appeal must be dismissed. See Serrato v. Utah Transit Auth., 2000 UT App 299,¶7, 13 P.3d 616; Varian-Eimac v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). The dismissal is without prejudice to filing an appeal from a final appealable order or an order duly certified pursuant to Utah Rule of Civil Procedure 54(b). Because of this court's dismissal of the appeal, the court need not consider Dawson's motion for stay and remand.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Gregory K. Orme, Judge