Opinion
Case No. 20041056-CA.
Filed February 10, 2005. (Not For Official Publication).
Appeal from the Third District, Salt Lake Department, The Honorable Tyrone Medley.
William Harrington, South Jordan, Appellant Pro Se.
Patrick J. Ascione, Provo, for Appellees.
Before Judges Billings, Greenwood, and Thorne.
MEMORANDUM DECISION
William Harrington seeks to appeal the trial court's grant of summary judgment in favor of the Brownes. This matter is before the court on its own motion for summary disposition based on lack of jurisdiction due to the absence of a final order. In their responses, both parties acknowledge that there is no final appealable order in this case.
Appeals may be taken only from final orders or judgments. See Utah R. App. 3(a). The trial court entered a partial summary judgment, reserving particular issues for trial. "A partial summary judgment is not generally a final judgment and hence is not appealable." Alvey Dev. Corp. v. Mackelprang, 2002 UT App 220, ¶ 18, 51 P.3d 45 (quotations and citation omitted). Where an appeal is not properly taken, this court lacks jurisdiction and must dismiss the appeal. See Bradbury v. Valencia, 2000 UT 50, ¶ 8, 5 P.3d 649.
Accordingly, this appeal is dismissed without prejudice to the timely filing of a notice of appeal after the entry of a final order.
WE CONCUR: Judith M. Billings, Presiding Judge, Pamela T. Greenwood, Judge and William A. Thorne Jr., Judge.