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State of Utah, Plaintiff and Appellee, v. Corey E

MEMORANDUM DECISION

PER CURIAM:

Corey Evan Vonberg appeals the December 17, 2007 "opinion of a deputy court clerk of the Fifth District Iron County." This matter is before the court on its own motion for summary disposition for lack of jurisdiction due to the absence of a final order.

An appeal may be taken from a final order or judgment that is issued by a district or juvenile court. See Utah R. App. P. 3(a). Generally, "[a]n appeal is improper if it is taken from an order or judgment that is not final." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649.

The deputy court clerk's response that the district court could not process his sworn statement without a formal pleading does not constitute a court order. Instead, it was an informational letter instructing Vonberg to file one of the pleadings required to initiate court action. The district court has not entered any order from which to appeal. Thus, this court lacks jurisdiction and must dismiss the appeal. See id. ¶ 8.

Accordingly, this appeal is dismissed.

Pamela T. Greenwood, Presiding Judge, William A. Thorne Jr., Associate Presiding Judge, Judith M. Billings, Judge.

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STATE v. VONBERG
(Apr 3, 2008)