E M SALES WEST v. BECHTEL JACOBS CO

PER CURIAM:

E M Sales West, Inc. (E M) appeals the trial court's order granting summary judgment. This case is before the court on Bechtel Jacobs Company, LLC's motion to dismiss for lack of jurisdiction due to the absence of a final, appealable order or judgment.

The trial court entered summary judgment against E M on November 29, 2006. This was not a final, appealable order because cross-claims and counterclaims remained pending against E M. See Don Houston, M.D., Inc. v. Intermountain Health Care, 933 P.2d 403, 406 (Utah Ct.App. 1997) ("Generally, a judgment is not a final, appealable order if it does not dispose of all the claims in a case, including counterclaims."). Nonfinal orders may be appealed pursuant to rule 5 of the Utah Rules of Appellate Procedure, see Utah R. App. P. 5, "or if the trial court expressly certifies them as final for purposes of appeal under [r]ule 54 of the Utah Rules of Civil Procedure." Don Houston, 933 P.2d at 406; see also Utah R. Civ. P. 54(b). However, no timely petition for interlocutory appeal was filed and no certification order satisfying the requirements of rule 54(b) was entered in this case.

Because the order appealed from was not final and was not properly certified under rule 54(b), this appeal was not properly taken.See, e.g., Backstrom Family Ltd. P'ship v. Hall, 751 P.2d 1157, 1159 (Utah Ct.App. 1988) (concluding that failure to comply with procedural requirements resulted in order not being properly certified). We therefore lack jurisdiction over the appeal and must dismiss.See Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569, 570 (Utah Ct.App. 1989).

This appeal is dismissed without prejudice to the timely filing of an appeal from a final order or proper certification pursuant to rule 54(b) of the Utah Rules of Civil Procedure.

Pamela T. Greenwood, Associate Presiding Judge

Judith M. Billings, Judge

Gregory K. Orme, Judge