Mason v. Davis

----ooOoo----

Ervin Mason
and Kathryn Mason,
Petitioners,

v.

Honorable Lynn W. Davis,
Respondent.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020158-CA

F I L E D
March 21, 2002 2002 UT App 85 -----

Original Proceeding in this Court

Attorneys:
Ervin Mason and Kathryn Mason, Springville, Petitioners Pro Se
Brent M. Johnson, Salt Lake City, for Respondent -----

Before Judges Bench, Orme, and Thorne.

PER CURIAM:

Petitioners have filed a document entitled "Extraordinary Writ for Interlocutory Appeal from Court Order to Challenge Jurisdiction." This document will be construed and treated as a petition for extraordinary writ.

Petitioners have failed to comply with Rule 19 of the Utah Rules of Appellate Procedure. Specifically, Petitioners have not included any "statement of the reasons why no other plain, speedy, or adequate remedy exists and why the writ should issue." Utah R. App. P. 19(b)(4). Petitioners also failed to include "[c]opies of any order or opinion . . . which may be essential to an understanding of the matters set forth in the petition." Utah R. App. P. 19(b)(5). In fact, it would be impossible for Petitioners to include the district court's order regarding jurisdiction, which they seek to challenge, because no such order exists. The district court has yet to rule on the issue for which the Petitioners seek extraordinary relief. This issue is still pending before the district court. Petitioners must permit the district court to first rule on the issue before seeking relief in this court.

Respondent has requested an award of attorney fees pursuant to Utah Code Ann. § 78-27-56(1) (1996) ("In civil actions, the court shall award reasonable attorney's fees to a prevailing party if the court determines that the action . . . was without merit and not brought or asserted in good faith."). However, Respondent does not cite any legal authority for an appellate court to award attorney fees upon a denial of an extraordinary writ.

The petition for extraordinary writ is denied. Respondent's request for an award of attorney fees is also denied.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Gregory K. Orme, Judge
 
 

______________________________
William A. Thorne Jr., Judge