Wells Fargo v. Cox , 279 P.3d 841 ( 2012 )


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  •                            IN THE UTAH COURT OF APPEALS
    ‐‐‐‐ooOoo‐‐‐‐
    Wells Fargo Bank NA,                          )            PER CURIAM DECISION
    )
    Plaintiff and Appellee,                )              Case No. 20120021‐CA
    )
    v.                                            )                     FILED
    )                   (May 3, 2012)
    William Clayton Cox and Angie S. Cox,         )
    )               
    2012 UT App 136
    Defendants and Appellants.             )
    ‐‐‐‐‐
    Sixth District, Kanab Department, 110600070
    The Honorable Wallace A. Lee
    Attorneys:       William Clayton Cox and Angie S. Cox, Glendale, Appellants Pro Se
    James D. Gilson and J. Tayler Fox, Salt Lake City, for Appellee
    ‐‐‐‐‐
    Before Judges Orme, Thorne, and Roth.
    ¶1     William Clayton Cox and Angie S. Cox seek to appeal various orders, including
    an Order of Restitution, entered by the district court on January 3, 2012. This matter is
    before the court on its own motion for summary disposition based upon lack of
    jurisdiction due to the absence of a final, appealable order.
    ¶2       This court does not have jurisdiction to consider an appeal unless it is taken from
    a final judgment or order. 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
     (internal quotation marks omitted); see also Utah R. Civ. P. 54(b)
    (stating that an order “that adjudicates fewer than all the claims or the rights and
    liabilities of fewer than all the parties shall not terminate the action as to any of the
    claims or parties, and the order or other form of decision is subject to revision at any
    time before the entry of judgment adjudicating all the claims and rights and liabilities of
    all the parties”). The only exceptions to the final judgment rule are where: (1) an
    appeal is permitted under the circumstances by statute, (2) the appellate court grants
    interlocutory appeal under rule 5 of the Utah Rules of Appellate Procedure, or (3) the
    trial court properly certifies the order as final under rule 54(b) of the Utah Rules of Civil
    Procedure. See Bradbury, 
    2000 UT 50
    , ¶ 12.
    ¶3      The orders entered by the district court are not final, appealable orders because
    they do not dispose of all the issues in the litigation. Specifically, the order of restitution
    failed to resolve Wells Fargo’s claim for monetary damages. Therefore, while the order
    of restitution required the Coxes to vacate the premises, the order did not resolve the
    entire dispute between the parties. Accordingly, we lack jurisdiction over the appeal
    and must dismiss. See Varian‐Eimac, Inc. v. Lamoreaux, 
    767 P.2d 569
    , 570 (Utah Ct. App.
    1989).
    ¶4     The appeal is dismissed without prejudice to the filing of a timely appeal after
    the district court enters a final, appealable order.
    ____________________________________
    Gregory K. Orme, Judge
    ____________________________________
    William A. Thorne Jr., Judge
    ____________________________________
    Stephen L. Roth, Judge
    20120021‐CA                                   2
    

Document Info

Docket Number: 20120021-CA

Citation Numbers: 2012 UT App 136, 279 P.3d 841

Filed Date: 5/3/2012

Precedential Status: Precedential

Modified Date: 1/12/2023