AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves the appellant, Inara Cedrins, who filed objections to a proposed order that would grant a motion to dismiss, deny her motion to compel, and deny her motion for sanctions. A hearing on these motions took place, but no final order was filed subsequent to this hearing, leading Cedrins to file a Notice of Appeal.

Procedural History

• March 1, 2011: The Court of Appeals dismissed a prior appeal from a non-final order and remanded the case to the district court (RP 180).
• July 5, 2011: The district court entered judgment on the mandate, stating there was no final order and that a hearing would be set on Appellant’s objections (RP 218).
• December 15, 2011: The district court held a hearing on Appellant’s motions (RP 231).

Parties' Submissions

• Appellant (Inara Cedrins): Argued against the proposed order granting the motion to dismiss, denying her motion to compel, and denying her motion for sanctions. She also contended that the district court judge's oral statement at the December 15, 2011, hearing indicated that a prior ruling dismissing the case stood, which she believed should allow her to appeal (MIO 1).
• Appellees (Ramesh Kumar Shrestha, James and Sharon Prewitt): [Not applicable or not found]

Legal Issues

• Whether the appellant can appeal in the absence of a final written order following the district court's hearing on her motions.

Disposition

• The appeal was dismissed due to the lack of a final order in the case.

Reasons

• The Court of Appeals, per Judge Cynthia A. Fry, with Judges Linda M. Vanzi and J. Miles Hanisee concurring, found that the appellant's notice of appeal was filed before a final order was entered in the case. The court emphasized that appeals can only proceed from final, written orders, citing precedent that oral statements or rulings do not satisfy the requirement for a written order necessary for appeal. The court dismissed the appeal, indicating that the appellant could pursue her appeal once a final written order is obtained from the district court.