From Casetext: Smarter Legal Research

South Salt Lake v. Burton

Supreme Court of Utah
May 8, 1986
718 P.2d 405 (Utah 1986)

Summary

stating that an unsigned minute entry is unenforceable

Summary of this case from Stringam v. Myers

Opinion

No. 20879.

May 8, 1986.

Appeal from the Third District Court, Salt Lake County, David B. Dee, J.

Kitty K. Burton, pro-se.

David L. Wilkinson, Atty. Gen., Clint Balmforth, Salt Lake City, for plaintiff and respondent.


Defendant was convicted of driving a motor vehicle without a valid driver's license, by a jury sitting in the Justice of the Peace Court of South Salt Lake. She was sentenced to serve 90 days in the Salt Lake County jail and to pay a fine of $299, the jail sentence to be suspended upon payment of the fine. Defendant appealed to the district court and was provided a trial de novo. After this trial, the court clerk recorded in a minute entry: "The court thereupon finds in favor of the plaintiff and against the defendant and orders the previously imposed sentence reinstated."

The justice of the peace court is not a court of record in this state. Appeals to the district court are on questions of fact as well as law under U.C.A., 1953, § 78-3-5 and are therefore heard anew. See State v. Johnson, Utah, 700 P.2d 1125 (1985).

The record does not show that defendant was resentenced following the trial de novo, and the minute entry was not signed by the judge. An unsigned minute entry is not susceptible of enforcement and does not constitute a final judgment for purposes of appeal to this Court. See Wisden v. City of Salina, Utah, 696 P.2d 1205 (1985); Wilson v. Manning, Utah, 645 P.2d 655 (1982); State Tax Commission v. Erekson, Utah, 714 P.2d 1151 (1986). This appeal is therefore dismissed as it is not properly before this Court.

Dismissed.


Summaries of

South Salt Lake v. Burton

Supreme Court of Utah
May 8, 1986
718 P.2d 405 (Utah 1986)

stating that an unsigned minute entry is unenforceable

Summary of this case from Stringam v. Myers

In Burton, the court also stated that an unsigned minute entry is unenforceable. Burton, 718 P.2d at 406. Consistent with the cases cited, we conclude we lack jurisdiction to consider the issue of defendant's probation extension.

Summary of this case from State v. Rawlings
Case details for

South Salt Lake v. Burton

Case Details

Full title:SOUTH SALT LAKE, Plaintiff and Respondent, v. Kitty K. BURTON, Defendant…

Court:Supreme Court of Utah

Date published: May 8, 1986

Citations

718 P.2d 405 (Utah 1986)

Citing Cases

State v. Rawlings

One of those errors is the lack of an order signed by the court, the record containing only an unsigned…

Sutter v. Benson

Utah courts have consistently concluded that unsigned minute entries are not final orders. See State v.…