Gerry York; and Lakeview Manor Properties, LC, v. First American Title Insurance Company

York v. 1st American Title

IN THE UTAH COURT OF APPEALS

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Gerry York; and Lakeview Manor Properties, LC,

Plaintiffs and Appellants,

v.

First American Title Insurance Company, Inc.; Daniel Clingo; 1st Regional Bank Custodian; FBO William R. Dito IRA; Cory Zimmerman; All Star Financial, LLC; Mark Kemp; Provo Finance, LLC; and Pacific Investors, Inc.,

Defendants and Appellees.

MEMORANDUM DECISION
 

(Not For Official Publication)
 

Case No. 20020972-CA
 

F I L E D

(February 13, 2003)
 

2003 UT App 41

 

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Fourth District, Provo Department

The Honorable Claudia Laycock

Attorneys: David G. Turcotte, Salt Lake City, for Appellants

Ronald G. Russell and James L. Ahlstrom, Salt Lake

City, for Appellees First American Title Insurance

Company, Daniel Clingo, 1st Regional Bank, and Cory Zimmerman

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Before Judges Davis, Orme, and Thorne.

PER CURIAM:

This case is before the court on Appellees' motion to dismiss on the basis that Appellants seek to appeal from an order that is not final. See Utah R. App P. 3(a). The order from which Appellants appeal is an order denying their "Motion to Set Aside Wrongful Foreclosure."(1) Appellees contend that the ruling does not resolve all claims pleaded in the second amended complaint and that, therefore, the order is interlocutory.

An order must dispose of all claims of all parties to be final and appealable. See Bradbury v. Valencia, 2000 UT 50,¶10, 5 P.3d 649; ProMax Dev. Corp. v. Raile, 2000 UT 4,¶15, 998 P.2d 254. We agree that the September 24, 2002 ruling, issued by the trial court, does not dispose of all claims of all parties and, therefore, is not final.

Appellants claim that Appellees' motion to dismiss is untimely because it was filed after this matter was transferred by the supreme court to this court. However, Appellants cite no authority for this proposition, and it is well settled subject matter jurisdiction can be raised at any time. Because there is no final appealable order, this court must dismiss the appeal for lack of jurisdiction. See Bradbury, 2000 UT 50 at ¶8.

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James Z. Davis, Judge

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Gregory K. Orme, Judge

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William A. Thorne Jr., Judge

1. Appellants also filed an "Ex Parte request for a Temporary Restraining Order and Order to Show Cause," that the trial court did not address based on the ruling on the motion to set aside the foreclosure.