Opinion
Case No. 20060331-CA.
Filed May 25, 2006. (Not For Official Publication).
Appeal from the Seventh District, Monticello Department, 040700037, The Honorable Lyle R. Anderson.
Bruce R. Baird, Sandy, for Appellants.
Paul W. Mortensen, Salt Lake City, for Appellee Red Rock 4-Wheelers, Inc. Walter J. Bird, Monticello, for Appellee San Juan County.
Before Judges Billings, Orme, and Thorne.
MEMORANDUM DECISION
This matter is before the court on Appellees' motions 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) (concluding that when counterclaim remained pending before the trial court there was no final judgment).
The order appealed from is not a final appealable order because it does not dispose of all issues in the litigation. Specifically, Appellees raised issues in their counterclaims that have not yet been resolved by the district court. Accordingly, the subject matter of the litigation has not yet been fully resolved. Therefore, we lack jurisdiction over the appeal. When this court lacks jurisdiction, it must dismiss the appeal. See Loffredo, 2001 UT 97 at ¶ 11.
The appeal is dismissed without prejudice to the filing of a timely notice of appeal after the entry of a final order.
Judith M. Billings, Judge, Gregory K. Orme, Judge, William A. Thorne Jr., Judge.