Opinion
Case No. 20020946-CA.
FILED February 6, 2003. (Not For Official Publication)
Third District, Salt Lake Department, The Honorable Sandra N. Peuler.
David E. Yocom and Thomas L. Christensen, Salt Lake City, for Appellants.
Joseph C. Rust, Salt Lake City, for Intervener and Appellant.
Rulon J. Harper Jeffrey W. Appel and Jennifer L. Crane, Salt Lake City, for Appellees.
Before Judges Davis, Orme, and Thorne.
MEMORANDUM DECISION
Appellant Rulon J. Harper appeals an order denying a motion to intervene as a party in the district court proceeding and also seeks to join the appeal of the Salt Lake County Planning Commission and Board of Adjustment. This case is before the court on Harper's motion for summary reversal of the order denying intervention and on Appellees David Carrier and Save Our Canyons's motion to summarily dismiss Harper's appeal for lack of jurisdiction.
On January 17, 2002, the district court entered its order denying motions to intervene filed by Harper and by the remaining owners of the gravel pit operation that is the subject of this case. Appellees subsequently obtained a summary judgment reversing the rulings of the Planning Commission and Board of Adjustment to allow expansion of the gravel pit. Harper filed a notice of appeal on November 1, 2002, within thirty days after entry of the summary judgment, but more than thirty days after denial of his motion to intervene.
An order denying a motion to intervene makes a final disposition of the proposed intervener's claims and is final and appealable. See Tracy v. University of Utah, 619 P.2d 340, 342 (Utah 1980). "Failure to perfect an appeal goes to the jurisdiction of this Court, and bars review of the matter." Id. In Millard County v. Utah State Tax Commission, 823 P.2d 459 (Utah 1991), the Utah Supreme Court reiterated that "an order denying a motion to intervene is a final disposition of the claims asserted by the applicant for intervention and is appealable." Id. at 461. Tracy and Millard County create an exception to the final judgment rule, which assumes that only a judgment resolving all claims in the litigation is appealable as a matter of right. See Utah R.App.P. 3(a) (stating appeal may be taken "from all final orders and judgments"); In re Southern Am. Ins. Co., 930 P.2d 276, 278 (Utah Ct.App. 1996) (stating judgment is final when it disposes of case as to all parties, finally disposes of subject matter of litigation, and ends controversy between parties). The denial of Harper's motion to intervene was final and immediately appealable under the governing case law. Tracy additionally concludes that the failure to perfect an appeal from the order denying intervention "goes to the jurisdiction" of the appellate court. 619 P.2d at 342. Accordingly, we lack jurisdiction to consider an appeal from the denial of Harper's motion to intervene because his notice of appeal was not timely filed from the order denying that motion.
Accordingly, we grant the motion for summary dismissal and dismiss the appeal from the denial of Harper's motion to intervene for lack of jurisdiction. Our disposition does not affect the appeal of the Salt Lake County Planning Commission and Board of Adjustment. Harper was not a party in the district court; thus, he is not a party to that appeal.
James Z. Davis, Judge, Gregory K. Orme, Judge, and William A. Thorne Jr., Judge, concur.