Utah Supreme Court, 1983

Neider v. State of Department of Transportation

Utah Supreme Court · Decided June 10, 1983 · Hall, Stewart, Howe, Oaks, Durham

665 P.2d 1306; 1983 Utah LEXIS 1074 (Pacific Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Albretson v. Judd (Utah 1985)
Bailey v. Sound Lab, Inc. (Utah 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HALL, Chief Justice:

Plaintiff brought this action to recover damages alleged to have been sustained as the result of negligence on the part of both defendants. The district court granted summary judgment in favor of defendant State of Utah only, and plaintiff appeals.

Appeals may be taken to this Court from all final orders and judgments.1 However, in the instant case, the summary judgment in favor of defendant State of Utah alone did not constitute a final order of judgment because the action against the remaining defendant Jordan Excavating Company, Inc., remains alive.2

Although the issue of jurisdiction was not raised by the parties, we are obliged to do so, sua spoil te,3 and we therefore do not reach the merits of the appeal.

The appeal is dismissed. No costs awarded.

STEWART, HOWE, OAKS and DURHAM, JJ., concur.

. Rule 72(a), Utah R.Civ.P.

. Kennedy v. New Industries, Inc., Utah, 600 P.2d 534 (1979); South Shores Concession v. State, Utah, 600 P.2d 550 (1979); Salt Lake City Corporation v. Layton, Utah, 600 P.2d 538 (1979).

. Kennedy v. New Industries, Inc., supra n. 2.

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