Ford v. State of Utah ORS

----ooOoo----

Charles L. Ford,
Appellant,

v.

State of Utah,
Office of Recovery Services,
Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020901-CA

F I L E D
January 24, 2003 2003 UT App 14 -----

Fifth District, St. George Department
The Honorable G. Rand Beacham

Attorneys:
Charles L. Ford, Santa Clara, Appellant Pro Se
Mark Shurtleff and Sandra Langley, Salt Lake City, for Appellee -----

Before Judges Davis, Orme, and Thorne.

PER CURIAM:

This case is before the court on Appellee's motion to dismiss and this court's sua sponte motion for summary dismissal for lack of a final appealable order. See Utah R. App. P. 3(a). The September 17, 2002 order, which Appellant seeks to appeal is an order that continued the review hearing on Appellant's attempt to vacate a void judgment. (Appellant claims that the Nevada court order, which Appellee seeks to enforce, is void.) The trial court has scheduled a further hearing on the motion filed by Appellant.(1)

The order issued September 17, 2002 is not a final appealable order that resolves all questions and leaves open no further judicial action. See In re T.D.C., 748 P.2d 201, 202 (Utah App. 1988). Therefore, this case is summarily dismissed without prejudice to the filing of a notice of appeal upon issuance of a final appealable order.
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
Gregory K. Orme, Judge
 
 

______________________________
William A. Thorne Jr., Judge

1. The hearing was originally scheduled for December 13, 2002, but is continued pending outcome of this appeal.