Medisys Tech. v. Interstate Trnsfr

----ooOoo----

Medisys Technologies, Inc,,
a Utah corporation,
Plaintiff and Appellant,

v.

Interstate Transfer Co.,
Defendant and Appellee,

and

Brett Phillips, E. Carl Anderson,
William H. Morris, Marilyn Morris,
and Barbara Larkins,
Intervenors and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020176-CA

F I L E D
October 24, 2002 2002 UT App 356 -----

Third District, Salt Lake Department
The Honorable Ronald E. Nehring

Attorneys:
David W. Scofield, Salt Lake City, and Michael D. Ward, Grand Rapids, Michigan, for Appellant
Mark W. Dykes, Salt Lake City, for Intervenors and Appellees -----

Before Judges Jackson, Billings, and Thorne.

PER CURIAM:

Appellant Medisys Technologies, Inc. appeals the order granting attorney fees for wrongful injunction. This case is before the court on Intervenors' and Appellees' Motion to Dismiss Appeal for Lack of Jurisdiction.

On February 5, 2002, the trial court entered an order awarding attorney fees to Intervenors and Appellees. It is undisputed that the parties agreed to dismiss the case at an unrecorded status conference, although the parties reached no agreement concerning whether the dismissal should be with prejudice. No order of dismissal has been entered; however, Medisys filed a notice of appeal from the attorney fees award.

Medisys conceded in a Motion to Suspend Briefing Pending Resolution of Jurisdictional Issue that "there did not appear to be a final appealable judgment in the record as it currently exists." Medisys did not file any opposition to the motion to dismiss now before the court. Based upon a review of the trial court record, we conclude that although the trial court dissolved the injunction and awarded attorney fees to Intervenors and Appellees, the court has not entered an order dismissing the complaint either with or without prejudice.

Accordingly, the motion to dismiss is granted, and the appeal is dismissed. Our dismissal is without prejudice to a timely appeal filed after entry of a final appealable judgment.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
William A. Thorne Jr., Judge