Zions v. Hudson

----ooOoo----

Zions First National Bank,
Plaintiff and Appellee,

v.

Steven E. Hudson,
and Cloyee J. Hudson,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020633-CA

F I L E D
January 30, 2003 2003 UT App 19 -----

Third District, Salt Lake Department
The Honorable Michael K. Burton

Attorneys:
Steven E. Hudson, Taylorsville, Appellant Pro Se
Craig T. Jacobsen, Salt Lake City, for Appellee -----

Before Judges Davis, Orme, and Thorne.

PER CURIAM:

This case is before the court on Appellee's motion for summary disposition and this court's sua sponte notice of consideration for summary dismissal for lack of a final appealable order. On June 19, 2002, the trial court issued a minute entry "granting the motion to dismiss and foreclose" and instructing Appellee to draft a final order. The minute entry is unsigned. The record does not reflect that any order was filed with the trial court or signed. Therefore, no final appealable order exists. See Utah R. App. P. 3. When no final order exists, the remedy is dismissal of the appeal. See A.J. Mackay Co. v. Oakland Constr. Co., 817 P.2d 323, 325 (Utah 1991).

This appeal is 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
 

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William A. Thorne Jr., Judge