Code v. Utah Department of Health

McHUGH, Judgé

(concurring):

¶ 9 I concur in the main opinion. I write separately to address the possible confusion created by the conflict between the controlling precedent and the Utah Rules of Civil Procedure. The cases from this court and the Utah Supreme Court that are cited by the majority hold that a decision of the trial court that fully determines the substantive rights of the parties is final for purposes of appeal absent express language to the contrary. See State v. Leatherbury, 2003 UT 2, ¶ 9, 65 P.3d 1180; Harris v. IES Assocs., 2003 UT App 112, ¶ 56, 69 P.3d 297.

¶ 10 However, rule…