Rice v. Dept. of Corrections

----ooOoo----

Robert Rice,
Petitioner and Appellant,

v.

Department of Corrections,
Respondent and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020743-CA

F I L E D
October 24, 2002 2002 UT App 353 -----

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

Attorneys:
Robert Rice, Draper, Petitioner Pro Se
Mark L. Shurtleff and Natalie A. Wintch, Salt Lake City, for Respondent -----

Before Judges Jackson, Billings, and Thorne.

PER CURIAM:

Petitioner filed for extraordinary relief under rule 65B(b) and (d) of the Utah Rules of Civil Procedure. He claims that the prison violated a M.A.P. interview and participation agreement he made with the prison. This court issued a notice of consideration for summary disposition on the basis that the issue presented was so insubstantial as not to merit further consideration. See Utah R. App. P. 10. However, review of the trial court record indicates that no final appealable order has been issued.

The trial court determined the petition was not frivolous on its face and required the State to respond. The State filed a response and a motion to dismiss, which the trial court deemed to be a motion for summary judgment. The trial court then granted the motion for summary judgment in an unsigned minute entry and directed the State to prepare the "appropriate documents." The record does not show that such documents were prepared or signed. Accordingly, there is no final appealable order and this court lacks jurisdiction to consider the appeal. See Utah R. App. P. 3(a); VarianEimac v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989) ("When a matter is outside the court's jurisdiction it retains only the authority to dismiss the action."). This appeal is dismissed for lack of jurisdiction. The dismissal is without prejudice to filing of an appeal upon issuance of a final appealable order.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

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William A. Thorne Jr., Judge