Holzer v. Wilson Properties

Holzer v. Wilson Properties

IN THE UTAH COURT OF APPEALS

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Herbert K. Holzer,
Plaintiff and Appellant,

v.

Wilson Properties and Associates, L.C.; Thomas Baker,
a Utah real estate broker; and Maple Hills Realty, a Utah corporation,
Respondents and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030103-CA
 

F I L E D
(June 12, 2003)
 

2003 UT App 197

 

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Second District, Bountiful Department

The Honorable Glen R. Dawson

Attorneys: Conrad B. Houser, Salt Lake City, for Appellant

Ronald L. Dunn, Farmington, for Appellee Wilson

Properties

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Before Judges Jackson, Billings, and Greenwood.

PER CURIAM:

This case is before the court on its own motion for summary dismissal for lack of a final appealable order. In his response to the sua sponte motion, Appellant Holzer argues that the order issued by the trial court resolved all issues related to Appellee Wilson Properties and Associates and that the remaining parties are likely to receive the same ruling. However, an order or judgment is not final unless it resolves all claims of all parties. See Loffredo v. Holt, 2001 UT 97,¶12, 37 P.3d 1070.

The only exceptions are certification pursuant to rule 54(b) of the Utah Rules of Civil Procedure or a petition for permission to appeal an interlocutory order pursuant to rule 5 of the Utah Rules of Appellate Procedure. Neither of these apply to this appeal. Holzer requests that his appeal be "altered to an interlocutory appeal." However, the notice of appeal does not meet the requirements of rule 5(c) of the Utah Rules of Appellate Procedure.(1)

Because this appeal is not taken from a final order, this court lacks jurisdiction. When this court lacks jurisdiction of an appeal, it retains only the authority to dismiss. See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). Therefore, the appeal is summarily dismissed.

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Norman H. Jackson,

Presiding Judge

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Judith M. Billings,

Associate Presiding Judge

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Pamela T. Greenwood, Judge

1. The notice of appeal is the only pleading that would be timely filed as a petition for interlocutory appeal. See Utah R. App. P. 5(a) (requiring that a petition for permission to appeal an interlocutory order be filed within twenty days of entry of the order).