opinions/mds/giffen.htm 18:18:58 GMT --> Giffen v. Johnson Case No. 20001101-CA

ROMINGER LEGAL
Utah Court Opinions & Case Law - Utah State Page
Need Legal Help?
LEGAL RESEARCH CENTER
LEGAL HEADLINES - CASE LAW - LEGAL FORMS
NOT FINDING WHAT YOU NEED? -CLICK HERE
This opinion or court case is from the Utah Courts. Search our site for more cases - CLICK HERE

LEGAL RESEARCH
COURT REPORTERS
PRIVATE INVESTIGATORS
PROCESS SERVERS
DOCUMENT RETRIEVERS
EXPERT WITNESSES

 

Find a Private Investigator

Find an Expert Witness

Find a Process Server

Case Law - save on Lexis / WestLaw.

 
Web Rominger Legal

Legal News - Legal Headlines

 

IN THE UTAH COURT OF APPEALS

----ooOoo----

Bruce M. Giffen,
Plaintiff and Appellee,

v.

Danell M. Johnson and Jamis M. Johnson,
Defendants and Appellants.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20001101-CA

F I L E D
(December 20, 2001)

2001 UT App 406

 

-----

Third District, Salt Lake Department
The Honorable Anne M. Stirba

Attorneys: 
Jamis M. Johnson, Salt Lake City, Appellant Pro Se
Robert J. Dale and Bradley L. Tilt, Salt Lake City, for Appellee

-----

Before Judges Greenwood, Billings, and Davis.

PER CURIAM:

Appellee Bruce M. Griffin sought foreclosure on a property for which the loan was in default. Appellants Danell M. Johnson and Jamis M. Johnson appeal the trial court's grant of summary judgment dismissing two of Appellants' claims. Appellants listed twelve claims in their complaint, including fraud, breach of fiduciary duty, and numerous others. The summary judgment disposed of two of them. No formal motion for certification under Rule 54(b) of the Utah Rules of Civil Procedure was made. Appellants have previously petitioned the Utah Supreme Court for permission to appeal an interlocutory order pursuant to Rule 5 of the Utah Rules of Appellate Procedure. The petition was denied due to lack of jurisdiction because it was untimely.

Absent certification, an order which disposes of fewer than all of the claims will not be a final order and this court does not have jurisdiction to hear an appeal. See Donohue v. Mouille, 913 P.2d 776, 778 (Utah Ct. App. 1996). Although an informal discussion took place in the trial court, where Appellants indicated that they would likely seek Rule 54(b) certification, and the trial court expressed a willingness to certify, this did not qualify as a formal motion to certify. The trial court made no requisite finding that there was no just reason for delay. See Utah R. Civ. P. 54(b). The only exception to Rule 54(b) certification is when the appellate court determines that the order will, in the discretion of the court, be considered as a petition for permission to appeal under Rule 5(a) of the Utah Rules of Appellate Procedure. In this case, the Utah Supreme Court has denied Appellants' petition, and we decline to exercise the discretion to consider the appeal as a petition pursuant to Rule 5. The appropriate remedy, under these circumstances, is dismissal of the appeal. See Bradbury v. Valencia, 2000 UT 50,8, 5 P,3d 649, A.J. Mackay Co. v. Okland Constr. Co., 817 P.2d 323, 325 (Utah 1991). Therefore, this appeal is dismissed for lack of jurisdiction.

______________________________
Pamela T. Greenwood, Presiding Judge

______________________________
Judith M. Billings, Judge

______________________________
James Z. Davis, Judge

Ask a Lawyer

 

 

FREE CASE REVIEW BY A LOCAL LAWYER!
|
|
\/

Personal Injury Law
Accidents
Dog Bite
Legal Malpractice
Medical Malpractice
Other Professional Malpractice
Libel & Slander
Product Liability
Slip & Fall
Torts
Workplace Injury
Wrongful Death
Auto Accidents
Motorcycle Accidents
Bankruptcy
Chapter 7
Chapter 11
Business/Corporate Law
Business Formation
Business Planning
Franchising
Tax Planning
Traffic/Transportation Law
Moving Violations
Routine Infractions
Lemon Law
Manufacturer Defects
Securities Law
Securities Litigation
Shareholder Disputes
Insider Trading
Foreign Investment
Wills & Estates

Wills

Trusts
Estate Planning
Family Law
Adoption
Child Abuse
Child Custody
Child Support
Divorce - Contested
Divorce - Uncontested
Juvenile Criminal Law
Premarital Agreements
Spousal Support
Labor/Employment Law
Wrongful Termination
Sexual Harassment
Age Discrimination
Workers Compensation
Real Estate/Property Law
Condemnation / Eminent Domain
Broker Litigation
Title Litigation
Landlord/Tenant
Buying/Selling/Leasing
Foreclosures
Residential Real Estate Litigation
Commercial Real Estate Litigation
Construction Litigation
Banking/Finance Law
Debtor/Creditor
Consumer Protection
Venture Capital
Constitutional Law
Discrimination
Police Misconduct
Sexual Harassment
Privacy Rights
Criminal Law
DUI / DWI / DOI
Assault & Battery
White Collar Crimes
Sex Crimes
Homocide Defense
Civil Law
Insurance Bad Faith
Civil Rights
Contracts
Estate Planning, Wills & Trusts
Litigation/Trials
Social Security
Worker's Compensation
Probate, Will & Trusts
Intellectual Property
Patents
Trademarks
Copyrights
Tax Law
IRS Disputes
Filing/Compliance
Tax Planning
Tax Power of Attorney
Health Care Law
Disability
Elder Law
Government/Specialty Law
Immigration
Education
Trade Law
Agricultural/Environmental
IRS Issues

 


Google
Search Rominger Legal


 


LEGAL HELP FORUM - Potential Client ? Post your question.
LEGAL HELP FORUM - Attorney? Answer Questions, Maybe get hired!

NOW - CASE LAW - All 50 States - Federal Courts - Try it for FREE


 


Get Legal News
Enter your Email


Preview

We now have full text legal news
drawn from all the major sources!!

ADD A SEARCH ENGINE TO YOUR PAGE!!!

TELL A FRIEND ABOUT ROMINGER LEGAL

Ask Your Legal Question Now.

Pennsylvania Lawyer Help Board

Find An Attorney

TERMS OF USE - DISCLAIMER - LINKING POLICIES

Created and Developed by
Rominger Legal
Copyright 1997 - 2010.

A Division of
ROMINGER, INC.

 
opinions/mds/giffen.htm 18:18:58 GMT -->