Estate of Wilkinson v. Wilkinson

2011 UT App 428, 269 P.3d 164, 697 Utah Adv. Rep. 43, 2011 Utah App. LEXIS 431, 2011 WL 6291963

• Court: Court of Appeals of Utah
• Decided: December 15, 2011
• Docket: 20110876-CA
• Status: Published

Opinion

DECISION

PER CURIAM:

T1 Jack V. Wilkinson Jr. seeks to appeal the trial court's order appointing Bob Wilkinson as a special administrator of the estate of their father. This is before the court on its own motion for summary disposition based on lack of jurisdiction due to the absence of a final order.

T2 Generally, appeals may be taken only from final orders. See Utah R.App. P. 3(a) Bradbury v. Valencia, 2000 UT 50, 19, 5 P.3d 649. To be final for purposes of appeal, an order must "finally dispose of the subject-matter of the litigation on the merits of the case." - Bradbury, 2000 UT 50, ¶ 9, 5 P.3d 649. Here, the order appointing a special administrator was entered in March 2011. The function of that order was only to give a person authority to manage the estate during the litigation. The key issues of the probate case remain pending before the court. The validity of a will produced by Appellant is disputed, and entitlement to the estate has not been determined. Accordingly, there has not been a final disposition of the case and there is no final order from which to appeal. See id. As a result, this court lacks jurisdiction over this appeal and must dismiss it. See 1d. 1 8.

T3 Accordingly, this appeal is dismissed without prejudice to the filing of a timely notice of appeal after the entry of a final order.