Code v. Utah Department of Health
In Code v. Utah Department of Health, 2007 UT 43, 5, 162 P.3d 1097, the Court addressed when the time for appeal from a final order begins to run.
The Court held that "no finality will be ascribed to a memorandum decision or minute entry for purposes of triggering the running of the time for appeal" until the prevailing party prepares and submits a proposed order, unless the court explicitly directs that no order needs to be submitted.
Moreover, "if the court does not explicitly direct that there is no need to submit an order and the prevailing party fails to submit an order, the appeal rights of the nonprevailing party will extend indefinitely."
Although Code addressed an appeal from a final order, not an interlocutory appeal, the same rule applies for ascribing finality to an interlocutory decision.
The Court clarified that the time for appeal begins to run with the entry of the prepared order, unless the court either approves a proposed order submitted with the initial memorandum or explicitly directs that no order is required.
Thus, the minute entry or the memorandum decision alone does not trigger the time for appeal.
If the prevailing party fails to enter an order within the fifteen-day period prescribed by rule 7(f)(2), the time for appeal does not begin to run.
In such a case, "any party interested in finality . . . may submit an order."