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Hinkins v. Santi

Supreme Court of Utah
Feb 17, 1971
481 P.2d 53 (Utah 1971)

Summary

holding defendant's sentence must be in writing to be final

Summary of this case from State v. Dominguez

Opinion

No. 12067.

February 17, 1971.

Appeal from the Third District Court, Salt Lake County, Merrill, C. Faux, J.

Phil Hansen and Associates, Salt Lake City, for defendant and appellant.

Ronald C. Barker, Salt Lake City, for plaintiff and respondent.


The plaintiff filed her action at law in the court below seeking to recover damages for a claimed battery committed upon her by the defendant. At a subsequent time the plaintiff filed an amended complaint in which she added various other claims sounding in both tort and contract. After the filing of these proceedings the plaintiff procured the issuance of an order restraining the defendant from committing other acts of violence or in any way molesting her. The propriety of issuing the order in the first instance would seem doubtful inasmuch as the plaintiff's action for damages would appear to be an adequate remedy, and if not she had available a statutory proceedings pursuant to the provisions of Title 77, Chap. 4. However that matter is not before us inasmuch as the defendant consented that an order be issued by the court restraining him from molesting or interfering with the plaintiff.

The plaintiff filed her affidavit alleging that the defendant had violated the court's injunction and an order to show cause was issued by the court ordering the defendant to appear on a day certain to answer for the alleged violation. At the conclusion of the hearing the court orally found the defendant in contempt of court and sentenced him to serve 15 days in the county jail with 10 days suspended on condition that the defendant pay to the plaintiff $100.00 attorney's fee. The court did not make and enter written findings of fact and judgment. The defendant has appealed to this court claiming that the pronounced sentence of the court was erroneous under the prior decisions of this court requiring the entry of written findings of fact and a judgment. The plaintiff here contends that the court not having made findings of fact and not having entered a judgment thereon there is no final judgment from which an appeal might be taken pursuant to Rule 72(a), U.R.C.P.

Powers v. Taylor, 14 Utah 2d 118, 378 P.2d 519.

It appears that the appeal taken by the defendant was not from a final judgment as required by the rule above mentioned, and the appeal therefore must be dismissed and it is so ordered. No costs awarded.

CALLISTER, C. J., and ELLETT, HENRIOD and CROCKETT, JJ., concur.


Summaries of

Hinkins v. Santi

Supreme Court of Utah
Feb 17, 1971
481 P.2d 53 (Utah 1971)

holding defendant's sentence must be in writing to be final

Summary of this case from State v. Dominguez

In Hinkins v. Santi, 25 Utah 2d 324, 481 P.2d 53 (1971), the court held that a judgment and sentence is not final and appealable where the court orally finds defendant guilty and sentences him but fails to enter written findings of fact and a judgment.

Summary of this case from State v. Curry
Case details for

Hinkins v. Santi

Case Details

Full title:Marilyn HINKINS, Plaintiff and Respondent, v. Al SANTI, Defendant and…

Court:Supreme Court of Utah

Date published: Feb 17, 1971

Citations

481 P.2d 53 (Utah 1971)
25 Utah 2

Citing Cases

State v. Todd

Id. at 1151. In reaching its conclusion in Curry, this court followed Hinkins v. Santi, 25 Utah 2d 324, 481…

State v. Dominguez

A sentence is not final when the court has orally sentenced a defendant but has yet to enter a written order.…