motion to dismiss petition on appeal - rdw 18 dec 2014.pdf
TRANSCRIPT
-
8/10/2019 Motion to Dismiss Petition on Appeal - RDW 18 Dec 2014.PDF
1/8
Ron D. Wilkinson (5558)Nathan S. Shill (11961)HERITAGE LAW OFFICES
898 South State Street, Suite 100Orem, UT 84097Telephone: (801) 225-6040
Attorneys for Father
IN THE UTAH COURT OF APPEALS
IN THE INTEREST OF:
Wolferts, Sydney (05-24-1999)
Wolferts, Danielle(10-29-2000),
Children under eighteen years old.
MOTION TO DISMISS
PETITION ON APPEAL
Court of Appeals No.: 20141054-CAJuvenile Court No.: 1102018, 1102109
Brian Wolferts, Father in the above identified child welfare proceeding, through his
attorney, Ron D. Wilkinson, moves this Court to dismiss the Appellants Petition on Appeal for
the reasons stated herein.
FACTS
1. On November 5, 2014, the Honorable Brent H. Bartholomew issued a Denial of
Motion for Service by Publication & Order Dismissing Action.
2.
The order was prepared by Judge Bartholomew.
3. The order did not include language that directed the parties that no additional
order was necessary. See Denial of Motion for Service by Publication & Order Dismissing
Action, attached herein as Exhibit A.
1
-
8/10/2019 Motion to Dismiss Petition on Appeal - RDW 18 Dec 2014.PDF
2/8
4.
Appellants, Brittany Wolferts and Judith Olson, appealed the November 5, 2014
order entered by Judge Bartholomew.
ARGUMENT
The Utah Supreme Court has held that whenever a court intends any document to
constitute its final action, the court must explicitly direct that no additional order is necessary.
Otherwise, rule (f)(2) requires the preparation and entry of a separate order in conformity with
the courts decision. Giusti v. Sterling Wentworth Corp., 2009 UT 2, 32 (internal quotations
omitted). In this matter, the order appealed by Appellants, Brittany Wolferts and Judith Olson, is
not a final order of the court. The court issued its order, but did not include an explicit direction
that no additional order is necessary.
As this matter is not an appeal from a final order, this Court should dismiss the Petition
on Appeal filed by Appellants.
DATED: December 18, 2014.
/s/ Ron D. WilkinsonRon D. Wilkinson, Attorney for Father
2
-
8/10/2019 Motion to Dismiss Petition on Appeal - RDW 18 Dec 2014.PDF
3/8
CERTIFICATE OF SERVICE
I certify that on December 18, 2014, I emailed a true and correct copy of the foregoing
Motion to Dismiss Petition on Appeal to the following:
Scott Weight
Trent V. Cahill
T. McKay Stirland
Guardian ad Litem
Sandra Dredge
Special Master
/s/ arh
3
-
8/10/2019 Motion to Dismiss Petition on Appeal - RDW 18 Dec 2014.PDF
4/8
Exhibit A
-
8/10/2019 Motion to Dismiss Petition on Appeal - RDW 18 Dec 2014.PDF
5/8
-
8/10/2019 Motion to Dismiss Petition on Appeal - RDW 18 Dec 2014.PDF
6/8
-
8/10/2019 Motion to Dismiss Petition on Appeal - RDW 18 Dec 2014.PDF
7/8
-
8/10/2019 Motion to Dismiss Petition on Appeal - RDW 18 Dec 2014.PDF
8/8