Opinion
Case No. 20020901-CA.
Filed January 24, 2003. (Not For Official Publication)
Appeal from the Fifth District, St. George Department, The Honorable G. Rand Beacham.
Charles L. Ford, Santa Clara, Appellant Pro Se.
Mark Shurtleff and Sandra Langley, Salt Lake City, for Appellee.
Before Judges Davis, Orme, and Thorne.
MEMORANDUM DECISION
This case is before the court on Appellee's motion to dismiss and this court's sua sponte motion for summary dismissal for lack of a final appealable order. See Utah R.App.P. 3(a). The September 17, 2002 order, which Appellant seeks to appeal is an order that continued the review hearing on Appellant's attempt to vacate a void judgment. (Appellant claims that the Nevada court order, which Appellee seeks to enforce, is void.) The trial court has scheduled a further hearing on the motion filed by Appellant.
The hearing was originally scheduled for December 13, 2002, but is continued pending outcome of this appeal.
The order issued September 17, 2002 is not a final appealable order that resolves all questions and leaves open no further judicial action.See In re T.D.C., 748 P.2d 201, 202 (Utah App. 1988). Therefore, this case is summarily dismissed without prejudice to the filing of a notice of appeal upon issuance of a final appealable order.
James Z. Davis, Judge, Gregory K. Orme, Judge, and William A. Thorne Jr., Judge, concur.