Opinion
Case No. 20070654-CA.
Filed September 20, 2007. NOT FOR OFFICIAL PUBLICATION.
Appeal from the Third District, Salt Lake Department, 072900192 The Honorable Tyrone E. Medley.
Before Judges Bench, Orme, and Thorne.
MEMORANDUM DECISION
This case is before the court on a sua sponte motion for summary dismissal because the order that Nemelka seeks to appeal is interlocutory and not appealable as a matter of right. See Utah R. App. P. 3(a) (authorizing an appeal as a matter of right from a final judgment). Nemelka did not seek permission to appeal from an interlocutory order through a timely petition for permission to appeal filed under rule 5 of the Utah Rules of Appellate Procedure. "This court does not have jurisdiction over an appeal unless it is taken from a final judgment, Utah R. App. P. 3(a), or qualifies for an exception to the final judgment rule." Loffredo v. Holt, 2001 UT 97, ¶ 10, 37 P.3d 1070. "For a judgment or order 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.'" In re South Am. Ins. Co., 930 P.2d 276, 278 (Utah Ct.App. 1996) (citation omitted). "Where the final judgment rule is not satisfied, the proper remedy for this court is dismissal." Loffredo, 2001 UT 97 at ¶ 11.
We dismiss the appeal for lack of jurisdiction.
Russell W. Bench, Presiding Judge
Gregory K. Orme, Judge
William A. Thorne Jr., Judge