State ORS, Keele v. Christensen

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State of Utah, Office of Recovery Services,
ex rel. Darcy Keele,
Petitioner and Appellee,

v.

Darrin Christensen,
Respondent and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020319-CA

F I L E D
July 18, 2002 2002 UT App 246 -----

Third District, Salt Lake Department
The Honorable Timothy R. Hanson

Attorneys:
Clark R. Ward, Salt Lake City, for Appellant
Mark L. Shurtleff and Sandra Langley, Salt Lake City, for Appellee

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Before Judges Davis, Greenwood, and Orme.

PER CURIAM:

This matter is before the court on the State's motion to dismiss for lack of jurisdiction pursuant to rule 10 of the Utah Rules of Appellate Procedure. The State asserts that summary dismissal is appropriate because the trial court has not entered a final, appealable order. See Utah R. App. P. 3(a).

In a signed minute entry, dated March 27, 2002, the trial court entered an order denying Appellant's objection to the commissioner's recommendation. However, the trial court has not entered a final order on the merits of the complaint filed in this case, including the issues of paternity and child support. See Kennedy v. New Era Indus., Inc., 600 P.2d 534, 536 (Utah 1979) (stating the order must end the controversy between the litigants to constitute a final judgment). Consequently, there is not a final, appealable order because the trial court's decision does not dispose of all the claims of all parties. See Bradbury v. Valencia, 2000 UT 50,¶10, 5 P.3d 649.

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, appealable order.
 
 

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James Z. Davis, Judge
 
 

______________________________
Pamela T. Greenwood, Judge
 
 

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Gregory K. Orme, Judge