Wilson v. Manning

Decision Date01 April 1982
Docket NumberNo. 17632,17632
Citation645 P.2d 655
PartiesQ. Ford WILSON and Marilee W. Wilson, et al., Plaintiffs and Appellants, v. Alan B. MANNING, City Recorder, City of Fruit Heights, Defendant and Respondent.
CourtUtah Supreme Court

Curtis J. Drake, Salt Lake City, for plaintiffs and appellants.

D. Kent Norton, Salt Lake City, for defendant and respondent.

PER CURIAM:

Petitioners brought this action for a writ of mandamus commanding a city recorder to submit a rezoning ordinance to a referendum. The district court denied the petition in an unsigned minute entry accompanied by a certificate of mailing which directed counsel for the defendant to prepare an order conforming to the minute entry. However, no order appears in the record and apparently none was entered. The notice of appeal states that petitioners appeal "from the minute entry entered in this action ...."

An unsigned minute entry does not constitute an entry of judgment, nor is it a final judgment for purposes of Utah R.Civ.P. 72(a). Utah R.Civ.P. 58A(b) and (c); Steadman v. Lake Hills, 20 Utah 2d 61, 433 P.2d 1 (1967); Hartford Accident & Indemnity Co. v. Clegg, 103 Utah 414, 135 P.2d 919 (1943); Robison v. Fillmore Commercial & Savings Bank, 61 Utah 398, 213 P. 790 (1923). Although well briefed and argued, this appeal must therefore be dismissed as...

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15 cases
  • State v. Anderson
    • United States
    • Utah Court of Appeals
    • August 13, 1990
    ...have refused to recognize unsigned clerical notations as judgments. Wisden v. City of Salina, 696 P.2d 1205 (Utah 1985); Wilson v. Manning, 645 P.2d 655 (Utah 1984); Steadman v. Lake Hills, 20 Utah 2d 61, 433 P.2d 1, 3 (1967).10 Utah Code Ann. § 76-3-201(3)(a) (1990); State v. Snyder, 747 P......
  • Wilson v. Manning, 18541
    • United States
    • Utah Supreme Court
    • October 27, 1982
    ...HOWE, J. 1 For an earlier opinion in this same case, involving a defect in the perfection of the appeal (now cured), see Wilson v. Manning, Utah, 645 P.2d 655 (1982).2 Dewey v. Doxey-Layton Realty Co., 3 Utah 2d 1, 277 P.2d 805 (1954), which held that voters could not rezone a tract of land......
  • Ron Shepherd Ins. Inc. v. Shields
    • United States
    • Utah Supreme Court
    • September 20, 1994
    ...unsigned minute entry does not constitute an entry of judgment, nor is it a final judgment for purposes of [appeal]." Wilson v. Manning, 645 P.2d 655, 655 (Utah 1982); accord State v. Crowley, 737 P.2d 198, 198-99 (Utah 1987); South Salt Lake v. Burton, 718 P.2d 405, 406 (Utah 1986); Steadm......
  • State v. Todd
    • United States
    • Utah Court of Appeals
    • August 12, 2004
    ...curiam) (stating that "[a]n unsigned minute entry does not constitute a final order for purposes of appeal"); Wilson v. Manning, 645 P.2d 655, 655 (Utah 1982) (per curiam) (holding that "[a]n unsigned minute entry does not constitute an entry of judgment, nor is it a final judgment for purp......
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