Opinion
Case No. 20050929-CA.
Filed December 1, 2005. (Not For Official Publication).
Appeal from the Third District Juvenile, Salt Lake Department, 456839 The Honorable Kimberly K. Hornak
Julie George, Salt Lake City, for Appellant.
Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellee.
Martha Pierce, Salt Lake City, Guardian Ad Litem.
Before Judges Davis, Orme, and Thorne.
MEMORANDUM DECISION
Appellant C.N. appeals from a signed minute entry terminating her parental rights. The State has moved for summary disposition on the basis of lack of jurisdiction. See Utah R. App. P. 10(a)(1).
An appeal may be taken only from a final judgment or order.See Utah R. App. P. 3(a). "Absent a final [judgment or] order, [this] court lacks jurisdiction and must dismiss the appeal."Reagan v. Blount, 1999 UT App 154, ¶ 4, 978 P.2d 1051 (per curiam).
"A signed minute entry will not be considered a final order where its language indicates that it is not intended as final."State v. Leatherbury, 2003 UT 2, ¶ 9, 65 P.3d 1180. When further action is contemplated by the order, it is not deemed final and appealable. See id. The signed minute entry in this case contemplated further action, specifically, that the State "prepare a written order consistent with the court's ruling." Therefore, it is not final.
When an appeal is taken in the absence of a final order, this court lacks jurisdiction to consider the appeal. See Utah R. App. P. 3(a). "When a matter is outside the court's jurisdiction, it retains only the authority to dismiss the action."Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App. 1989).
Accordingly, this appeal is dismissed, without prejudice to the timely filing of a notice of appeal from a final judgment or order entered by the juvenile court.
James Z. Davis, Judge, Gregory K. Orme, Judge and William A. Thorne Jr., Judge.