Stone v. Stone

2011 UT App 125, 251 P.3d 873, 680 Utah Adv. Rep. 37, 2011 Utah App. LEXIS 125, 2011 WL 1499227

Opinion

DECISION

PER CURIAM:

T1 Todd Stone seeks to appeal the January 7, 2011 and January 18, 2011 minute entries in his divoree proceeding. This matter is before the court on a sua sponte motion for summary disposition for lack of jurisdiction due to the absence of a final order. We dismiss the appeal without prejudice.

1 2 Generally, "(aln appeal is improper if it is taken from an order or judgment that is not final." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. For an order or judgment to be final, it must "dispose of all parties or claims to an action." Id. ¶ 10. The only exceptions to the final judgment rule are where: (1) an appeal is permitted under the cireumstances by statute, (2) the appellate court grants interlocutory appeal under rule 5 of the Utah Rules of Appellate Procedure, or (8) the trial court certifies the order as final under rule 54(b) of the Utah Rules of Civil Procedure. See id. ¶ 12.

T3 The first minute entry that was entered on January 7, 2011, denies Stone's motion to discontinue child support. Because there is a pending petition to modify, encompassing these claims, the minute entry denying Stone's motion to discontinue child support is not a final, appealable order. The second minute entry entered on January 7, 2011, refers to a motion for order to show cause, filed on January 5, 2011. Stone requested a hearing on his motion. A final, appealable order has not been entered on the motion for order to show cause as the motion is set for a hearing. Thus, the minute entries which Stone seeks to appeal are not final, appealable orders, and this court is required to dismiss the appeal without prejudice. See Bradbury, 2000 UT 50, ¶ 8, 5 P.3d 649.

T4 Accordingly, the appeal is dismissed without prejudice to the filing of a timely appeal from a final, appealable order. Ap-pellee's request for attorney fees is denied.