Opinion
Case No. 20080094-CA.
Filed April 10, 2008. Not for Official Publication
Appeal from the Fourth District, Provo Department, 078404118 The Honorable Gary D. Stott.
Kim Bowers, Payson, Appellant Pro Se.
Before Judges Greenwood, Thorne, and Davis.
MEMORANDUM DECISION
Appellant Kim Bowers appeals the decision after a trial de novo on appeal from a small claims judgment. This case is before the court on a sua sponte motion for summary disposition.
Utah Code section 78-6-10 provides that no appeal may be taken to this court from a judgment following a trial de novo in a case originating in the small claims court "unless the court rules on the constitutionality of a statute or ordinance." See Utah Code Ann. § 78-6-10 (2002) (current version at Utah Code Ann. § 78A-8-106). If no such ruling is entered, the judgment of the district court is final and cannot be appealed to this court. The district court in this case dismissed the case with prejudice. However, the court did not, and was not required to, make any ruling on the constitutionality of a statute or ordinance. Accordingly, we lack jurisdiction to consider the appeal.
Based upon our review of the record, we also conclude that no signed judgment appears in the district court record. Although an unsigned minute entry announces the dismissal with prejudice, no signed judgment is contained in the record transmitted to this court. Therefore, we also would lack jurisdiction because no signed judgment was entered in this case.
We dismiss the appeal for lack of jurisdiction.
Pamela T. Greenwood, Presiding Judge, William A. Thorne Jr., Associate Presiding Judge, James Z. Davis, Judge.