Opinion
Case No. 20060133-CA.
May 11, 2006. (Not For Official Publication).
Appeal from the Third District, Salt Lake Department, 044905297 The Honorable L.A. Dever.
Paul J. Nieves, Salt Lake City, Appellant Pro Se.
Mark L. Shurtleff and Annina M. Mitchell, Salt Lake City, for Appellees.
Before Judges Bench, Billings, and Thorne.
MEMORANDUM DECISION
This matter is before the court on the State's motion for summary disposition based upon the lack of a final appealable order. See Utah R. App. P. 10.
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 final 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 (quotations and citation omitted);see also Loffredo, 2001 UT 97 at ¶ 12 ("For an order to constitute a final judgment, it must end the controversy between the litigants.").
The order appealed from is not a final appealable order because it does not dispose of all issues in the litigation. The district court has not resolved the issue of child support. In fact, the child support issue has been set for trial on August 10, 2006. Thus, the controversy between the parties has not been fully resolved. Accordingly, this court lacks jurisdiction to consider the appeal, and it has no choice but to dismiss it. See Loffredo, 2001 UT 97 at ¶ 11.
Therefore, the appeal is dismissed without prejudice to the filing of a timely notice of appeal after the entry of a final order.
Russell W. Bench, Presiding Judge, Judith M. Billings, Judge, William A. Thorne Jr., Judge, concur.