Utah Co. v. Mason

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Utah County,
Plaintiff and Appellee,

v.

Ervin Mason and Kathryn Mason,
Defendants and Appellants.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020032-CA

F I L E D
March 21, 2002 2002 UT App 87 -----

Fourth District, Provo Department
The Honorable Lynn W. Davis

Attorneys:
Ervin Mason and Kathryn Mason, Springville, Appellants Pro Se
C. Kay Bryson, Provo, and Robert J. Moore, Salt Lake City, for Appellee

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Before Judges Bench, Orme, and Thorne.

PER CURIAM:

This case is before the court on its own motion for summary disposition based on lack of jurisdiction pursuant to Rule 10(e) of the Utah Rules of Appellate Procedure.

Appellant appeals from the denial of a motion filed in the trial court contending that the trial court lacked jurisdiction over the case. However, the trial court has not issued an order on the matter. Therefore, this court lacks jurisdiction to hear the appeal. When a matter is outside the court's jurisdiction it retains only authority to dismiss. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989).

The court also notes, for the future guidance of the parties, that an order denying a motion to dismiss for lack of jurisdiction would be interlocutory in nature. It would not be a final, appealable order under Rule 3(a) of the Utah Rules of Appellate Procedure.

For the stated reasons, this appeal is dismissed for lack of jurisdiction. The dismissal is without prejudice to filing an appeal from a final appealable order, subject to the limitations of Utah Code Ann. § 78-5-120 (Supp.2000).
 
 

______________________________
Russell W. Bench, Judge
 
 

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Gregory K. Orme, Judge
 
 

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William A. Thorne Jr., Judge