Filed: Feb. 16, 2012
Latest Update: Feb. 16, 2012
Summary: DECISION PER CURIAM: 1 Ray L. Kimber seeks to appeal the trial court's order dismissing his complaint. This matter is before the court on its own motion for summary disposition based on a lack of jurisdiction due to the absence of a final order. 2 Generally, an appeal may be taken only from a final order or judgment. See Utah R.App. P. 3(a); Bradbury v. Valencia, 2000 UT 50, 9, 5 P.3d 649 . For an order to be final, it must dispose of the subject matter of the case, leaving nothing
Summary: DECISION PER CURIAM: 1 Ray L. Kimber seeks to appeal the trial court's order dismissing his complaint. This matter is before the court on its own motion for summary disposition based on a lack of jurisdiction due to the absence of a final order. 2 Generally, an appeal may be taken only from a final order or judgment. See Utah R.App. P. 3(a); Bradbury v. Valencia, 2000 UT 50, 9, 5 P.3d 649 . For an order to be final, it must dispose of the subject matter of the case, leaving nothing ..
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DECISION
PER CURIAM:
¶ 1 Ray L. Kimber seeks to appeal the trial court's order dismissing his complaint. This matter is before the court on its own motion for summary disposition based on a lack of jurisdiction due to the absence of a final order.
¶ 2 Generally, an appeal may be taken only from a final order or judgment. See Utah R.App. P. 3(a); Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. For an order to be final, it must dispose of the subject matter of the case, leaving nothing else for decision. See Bradbury, 2000 UT 50, ¶ 9, 5 P.3d 649. "A judgment is not final if the trial court has failed to determine whether attorney fees should be awarded." Loffredo v. Holt, 2001 UT 97, ¶ 12, 37 P.3d 1070. An appeal is improper if not taken from a final order or judgment. See Bradbury, 2000 UT 50, ¶ 9, 5 P.3d 649. Where an appeal is not properly taken, this court lacks jurisdiction and must dismiss it. See id. ¶ 8.
¶ 3 In this case, the trial court granted Appellees' motion to dismiss Kimber's complaint but specifically reserved the determination of attorney fees for a later hearing. As a result, the order is not final for purposes of appeal. See Loffredo, 2001 UT 97, ¶ 12, 37 P.3d 1070. In the absence of a final appealable order, this court lacks jurisdiction and must dismiss the case. See id. ¶ 11.
¶ 4 Accordingly, this appeal is dismissed without prejudice to the timely filing of a notice of appeal after the entry of a final order.
