Calhoun v. Tosh, Inc.

Annotate this Case

Download PDF

IN THE UTAH COURT OF APPEALS ----ooOoo---Hailey Calhoun, Plaintiff and Appellant, v. Tosh, Inc., dba Check City, a Utah corporation, Defendant and Appellee. ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20090832-CA F I L E D (December 17, 2009) 2009 UT App 379 ----Third District, West Jordan Department, 090401123 The Honorable Terry L. Christiansen Attorneys: Brian W. Steffensen, Salt Lake City, for Appellant Richard J. Armstrong and Brinton M. Wilkins, Salt Lake City, for Appellee ----- Before Judges Greenwood, Davis, and Thorne. PER CURIAM: Hailey Calhoun appeals from the district court's order granting Tosh, Inc.'s motion for summary judgment. This case is before the court on its sua sponte motion for summary disposition based on lack of jurisdiction. "An appeal is improper if it is taken from an order or judgment that is not final, see Utah R. App. P. 3(a), unless it fits within an exception to the final judgment rule." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. "For an order or judgment to be final, it must dispose of the case as to all the parties, and finally dispose of the subject-matter of the litigation on the merits of the case." Id. (internal quotation marks omitted). "In other words, a judgment is final when it ends the controversy between the parties litigant." Id. (internal quotation marks omitted). The order appealed from is not a final, appealable order. Tosh, Inc. has filed a motion for attorney fees. "A judgment is not final if the trial court has failed to determine whether attorney fees should be awarded." Loffredo v. Holt, 2001 UT 97, ¶ 12, 37 P.3d 1070. Therefore, because the district court has not yet resolved Tosh, Inc.'s claim for attorney fees, the judgment from which Calhoun appeals is not final. Accordingly, we lack jurisdiction over the appeal and "retain only the authority to dismiss the action." Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct. App. 1989). We dismiss the appeal for lack of jurisdiction, without prejudice to a timely appeal after entry of a final judgment. ______________________________ Pamela T. Greenwood, Presiding Judge ______________________________ James Z. Davis, Judge ______________________________ William A. Thorne Jr., Judge 20090832-CA 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.