Ron D.

Wilkinson (5558)
Nathan S. Shill (11961)
HERITAGE LAW OFFICES
898 South State Street, Suite 100
Orem, UT 84097
Telephone: (801) 225-6040
heritagelaw.rdw@gmail.com

Attorneys for Father

IN THE UTAH COURT OF APPEALS

IN THE INTEREST OF:

MOTION TO DISMISS
PETITION ON APPEAL

Wolferts, Sydney (05-24-1999)
Wolferts, Danielle (10-29-2000),
Court of Appeals No.: 20141054-CA
Juvenile Court No.: 1102018, 1102109

Children under eighteen years old.

Brian Wolferts, Father in the above identified child welfare proceeding, through his
attorney, Ron D. Wilkinson, moves this Court to dismiss the Appellant’s 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.

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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 court’s 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. Wilkinson
Ron D. Wilkinson, Attorney for Father

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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
scott@esplinweight.com

Trent V. Cahill
tcahill@esplinweight.com

T. McKay Stirland
Guardian ad Litem
mckays@utcourts.gov

Sandra Dredge
Special Master
sandra@dredgelaw.com

/s/ arh

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Exhibit A