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Ervin v. Lowe's Companies
IN THE UTAH COURT OF APPEALS

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Allen R. Ervin and Blanche Ervin;
Plaintiffs,
v.
Lowe's Companies, Inc.,
Defendant.

Lowe's Companies, Inc.,
Third-party Plaintiff and Appellant,
v.
Collins Co., LTD; and Collins International Co., LTD.,
Third-party Defendants and Appellees.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 20040158-CA

F I L E D
(September 30, 2004)

2004 UT App 340
Third District, Salt Lake Department The Honorable Sandra N. Peuler Attorneys: Clifford C. Ross, Salt Lake City, for Appellant Michael P. Zaccheo, Salt Lake City, for Appellees
Before Judges Davis, Jackson and Orme.
PER CURIAM:
    Third-party Plaintiff Lowe's Companies, Inc. (Lowe's) appeals from thedistrict court's order granting Third-party Defendant Collins InternationalCo., Ltd.'s (Collins International) motion for summary judgment. This case isbefore the court on Collins International and Collins Co., Ltd.'s motion forsummary disposition on the basis that this court lacks jurisdiction to hear
file:///C|/Users/Peter/Desktop/Opinions/lowes093004.htm[5/10/2013 6:59:55 PM]
Ervin v. Lowe's Companies
this appeal due to the absence of a final, appealable order or judgment. SeeUtah R. App. P. 4(a).
    On September 30, 2002, the district court granted summary judgment in favorof Collins International and against Lowe's pursuant to a minute entry ruling.A written order was not entered on the summary judgment by the district courtuntil June 19, 2003. On May 23, 2003, Lowe's filed its "Motion for Relief fromSummary Judgment in Favor of Collins International Co., Ltd." (Motion forRelief), pursuant to Utah Rules of Civil Procedure 52(b) and 60(b). To date,the Motion for Relief has not been ruled upon by the district court.
    An appeal may be taken from a district court from all final orders andjudgments. See Utah R. App. P. 3(a). Absent a final order, this court lacksjurisdiction and must dismiss the appeal. See Regan v. Blount, 1999 UT App154,

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