Barnett v. Turtschi

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IN THE UTAH COURT OF APPEALS ----ooOoo---David Barnett, Plaintiff and Appellee, v. Lawrence Turtschi, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20080803-CA F I L E D (February 5, 2009) 2009 UT App 29 ----Sixth District, Manti Department, 080600224 The Honorable David L. Mower Attorneys: Lawrence Turtschi, Manti, Appellant Pro Se Eric P. Paulson, Provo, for Appellee ----- Before Judges Thorne, Bench, and Orme. PER CURIAM: Lawrence Turtschi appeals from the district court's October 2, 2008 Judgment and Order of Restitution. This matter is before the court on David Barnett's motion for summary disposition based upon lack of jurisdiction. This court does not have jurisdiction to consider an appeal unless it is taken from a final judgment or order, see Utah R. App. P. 3(a), or qualifies for an exception to the final judgment rule. See Loffredo v. Holt, 2001 UT 97, ¶¶ 10, 15, 37 P.3d 1070. An order is final only if it disposes of the case as to all parties and "finally dispose[s] of the subject-matter of the litigation on the merits of the case." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649 (internal quotation marks omitted). The district court entered its Judgment and Order of Restitution on October 2, 2008. Although the judgment required Turtschi to vacate the premises, the judgment specifically reserved the district court's jurisdiction over the issue of damages. Accordingly, the judgment did not finally dispose of all issues in this case. Therefore, the judgment was not a final, appealable order, and we lack jurisdiction over this matter. See id. When this court lacks jurisdiction, it must dismiss the appeal. See Loffredo, 2001 UT 97, ¶ 11. The appeal is dismissed without prejudice to the filing of a timely appeal after the district court enters a final, appealable order. ______________________________ William A. Thorne Jr., Associate Presiding Judge ______________________________ Russell W. Bench, Judge ______________________________ Gregory K. Orme, Judge 20080803-CA 2

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