Opinion
Case No. 20040558-CA.
Filed December 16, 2004. (Not For Official Publication).
Appeal from the Fourth District, Provo Department, The Honorable Samuel D. McVey.
Terri Thor-Neumeyer, Orem, Appellant Pro Se.
Earl B. Taylor, Provo, for Appellee.
Before Judges Billings, Bench, and Greenwood.
MEMORANDUM DECISION
Terri Thor-Neumeyer appeals the trial court's grant of partial summary judgment in favor of Rocky Mountain Alliance, Inc. (Rocky Mountain). This matter is before the court on its own motion for summary dismissal due to lack of jurisdiction. Although the motion gave notice that this appeal might be dismissed if Thor-Neumeyer did not file a memorandum in response, Thor-Neumeyer has not responded to the motion.
This court does not have jurisdiction to consider an appeal unless it is taken from a final judgment or order, see Utah R. App. P. 3(a), or qualifies for an exception to the final judgment rule. See Loffredo v. Holt, 2001 UT 97, ¶¶ 10,15, 37 P.3d 1070. An order is a final order only if it disposes of the case as to all parties, and "finally dispose[s] of the subject-matter of the litigation on the merits of the case." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. When this court lacks jurisdiction it must dismiss the appeal. See Loffredo, 2001 UT 97 at ¶ 11.
The partial summary judgment in favor of Rocky Mountain is not a final order because it does not dispose of all the parties nor all the issues in the litigation. The order expressly reserved the issue of damages for further hearing, and thus, did not "dispose of the subject-matter of the litigation on the merits of the case." Bradbury, 2000 UT 50 at ¶ 9. As a result, the order is not final because it leaves additional issues for trial. Furthermore, Thor-Neumeyer has not raised any exception to the final judgment rule in this case.
Because the order appealed from is not a final order, this court lacks jurisdiction to hear this appeal.
Accordingly, this appeal is dismissed without prejudice to the filing of a timely notice of appeal after the entry of a final order.
Judith M. Billings, Presiding Judge, Russell W. Bench, Associate Presiding Judge and Pamela T. Greenwood, Judge.