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Sutter v. Benson9/9/2005
MEMORANDUM DECISION
Not For Official Publication
Before Judges Billings, Bench, and McHugh.
Michael Sutter appeals from an order granting Dr. Stan Benson's motion for summary judgment. Sutter claims that the district court erred by concluding that an unsigned minuted entry was a final order that disposed of his case, thereby beginning the one-year time period allowed for refiling an action under Utah Code section 78-12-40. Sutter also claims that the tolling provision contained within the Medical Malpractice Act, Utah Code section 78-14-12(3)(a), applies to Utah's saving statute, Utah Code section 78-12-40.
This court gives "a trial court's decision to grant summary judgment no deference and review it for correctness." Norman v. Arnold, 2002 UT 81, , 57 P.3d 997. On September 22, 1999, Sutter filed a complaint against Dixie Regional Medical Center and Benson. Dixie was served with the complaint, but Benson was not. Dixie moved to dismiss the complaint based upon Sutter's failure to comply with the prelitigation requirements of the Medical Malpractice Act. A hearing was set to resolve that motion on April 20, 2000. On April 19, 2000, counsel for Sutter and counsel for Dixie signed a Stipulation of Dismissal and filed it with the district court. On April 20, 2000, the district court held the previously scheduled hearing on Dixie's motion to dismiss. Because no parties attended the hearing and because it had reviewed the stipulation for dismissal, the district court issued a minute entry stating, " here being no one present and a Stipulation to Dismiss being filed. Court orders this matter dismissed."
Sutter later complied with his obligations under the Medical Malpractice Act and refiled his case on April 23, 2001, under a new case number. Benson filed a motion for summary judgment arguing that Sutter did not file his claim within one year after dismissal of the first case as allowed by Utah Code section 78-12-40. The district court granted the motion by concluding that its unsigned minuted entry disposed of the 1999 case and the Medical Malpractice Act did not toll Sutter's time period for refiling the action under Utah Code section 78-12-40.
Utah courts have consistently concluded that unsigned minute entries are not final orders. See State v. Jiminez, 938 P.2d 264, 265 (Utah 1997); South Salt Lake v. Burton, 718 P.2d 405 (Utah 1986) (per curiam); Wilson v. Manning, 645 P.2d 655 (Utah 1982) (per curiam). Accordingly, the district court's April 20, 2000 unsigned minute entry did not effectively dismiss the 1999 case. Thus, the 1999 case remains open and Utah Code section 78-12-40 never became applicable. Because the savings statute was never invoked, this particular action was filed well after the two-year statute of limitations ran for filing a complaint and must be dismissed. See Utah Code Ann. ยง 78-14-4 (Supp. 2005). If the parties wish to continue litigating claims involved in this matter, they must be pursued in the previously filed lawsuit.
Therefore, despite the fact that the district court was incorrect in concluding that its unsigned minute entry was a final order that properly ended the first lawsuit, we affirm the judgment of the district court because the case was filed after the two-year statute of limitations period for filing such an action expired.
Judith M. Billings, Presiding Judge
Russell W. Bench, Associate Presiding Judge
Carolyn B. McHugh, Judge
Page 1 Utah Personal Injury Attorneys
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