White v. White

IN THE UTAH COURT OF APPEALS

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Charlotte K. White,
Plaintiff and Appellee,

v.

James Benjamin White,
Defendant and Appellant.

MEMORANDUM DECISION

(Not For Official Publication)
 

Case No. 20030166-CA
 

F I L E D
(July 10, 2003)
 

2003 UT App 236

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Third District, Salt Lake Department

The Honorable Anne M. Stirba

Attorneys: James Benjamin White, Crowley, Colorado, Appellant Pro Se

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Before Judges Jackson, Greenwood, and Orme.

PER CURIAM:

Appellant James Benjamin White claims on appeal that the district court denied him the right to proceed pro se to petition the court to vacate a child support order and grant visitation with his children. White recites in his docketing statement that the appeal is taken from "final orders" issued on January 21, 2003, and February 11, 2003. He filed his notice of appeal on February 26, 2003.

The trial court record does not contain any orders entered on either date indicated by White. In addition, there is no order of the court refusing a hearing on any motion filed by White. Instead, the appeal appears to challenge the district court's return of documents that did not comply with the applicable procedural rules, as indicated in the court's docket.(1)

Because the appeal is not taken from a final appealable order, the appeal must be, and hereby is, dismissed.

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Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge

1. The gist of White's claim is that he was denied access to the courts by being required to serve opposing parties with copies of his pleadings because the correctional facility where he is housed will provide photocopies or mailing at no cost only in criminal cases or post-conviction proceedings.