GMAC v. Bradshaw

IN THE UTAH COURT OF APPEALS

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GMAC Mortgage Co.,

Plaintiff and Appellee,

v.

Steven M. Bradshaw,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040138-CA
 

F I L E D
(May 20, 2004)
 

2004 UT App 165

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Fifth District, St. George Department

The Honorable James L. Shumate

Attorneys: Steven M. Bradshaw, Washington, Appellant Pro Se

Judy Jorgensen, Salt Lake City, for Appellee

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Before Judges Billings, Greenwood, and Orme.

PER CURIAM:

    This case is before the court on its own motion for summary dismissal. Appellee GMAC Mortgage Co. supports summary dismissal. Appellant Stephen M. Bradshaw did not respond to this court's motion for summary dismissal.

    An appeal of right can be taken from a final order or judgment by filing a notice of appeal with clerk of the district court. See Utah R. App. P. 3(a). In the present case, no final order or judgment has been entered by the district court.

    An interlocutory appeal--an appeal from a nonfinal order--can only be taken with the appellate court's permission. See Utah R. App. P. 5. The record does not contain an order or ruling on Bradshaw's motion to strike from which he could file a petition for permission to appeal from an interlocutory order with the appellate court clerk in accordance with rule 5 of the Utah Rules of Appellate Procedure.

    Accordingly, we dismiss this appeal without prejudice to the timely filing of a notice of appeal or, if appropriate, a
petition for permission for interlocutory appeal, from an order entered by the district court.

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Judith M. Billings,

Presiding Judge

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Pamela T. Greenwood, Judge

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Gregory K. Orme, Judge