Opinion
Case No. 20010641-CA.
Filed May 16, 2002. (Not For Official Publication)
Appeal from the Fourth District, Heber City Department, The Honorable Fred D. Howard.
D. Bruce Oliver, Salt Lake City, for Appellant.
Charles M. Bennett and Kristy L. Bertelsen, Salt Lake City, for Appellee.
Before Judges JACKSON, BENCH, and ORME.
MEMORANDUM DECISION
This matter is before the court on its sua sponte motion for consideration of summary dismissal for lack of jurisdiction because Appellant Dawson does not appeal from a final order. See Utah R. App. P. 10(e). The complaint alleged three causes of action:
eviction, quiet title, and slander of title. The trial court granted summary judgment in favor of Appellee Jorgensen with respect to the action to quiet title. The other matters remain pending before the trial court.
Because the trial court's order is not a final appealable order and a proper petition for permission to appeal an interlocutory order was not filed, this court lacks jurisdiction over the appeal. See Utah R. App. P. 5. When this court lacks jurisdiction, the appeal must be dismissed.See Serrato v. Utah Transit Auth., 2000 UT App 299, ¶ 7, 13 P.3d 616;Varian-Eimac v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App. 1989). The dismissal is without prejudice to filing an appeal from a final appealable order or an order duly certified pursuant to Utah Rule of Civil Procedure 54(b). Because of this court's dismissal of the appeal, the court need not consider Dawson's motion for stay and remand.
Norman H. Jackson, Presiding Judge, Russell W. Bench, Judge, and Gregory K. Orme, Judge, concur.