Clark v. Shelton ( 1978 )

WILKINS, Justice

(dissenting):

This appeal should be dismissed as it is not properly taken. An appeal cannot be taken from the denial of a motion for summary judgment¹ as that is not a final order under Rule 72(a), and plaintiff did not petition the Court for an interlocutory appeal pursuant to Rule 72(b). The comments in the majority opinion as to the assignability of the right of first refusal is also premature as the District Court did not rule on that question.

MAUGHAN, J., concurs in the views expressed in the dissenting opinion of WILKINS, J.

1 . See Utah Rules of Civil Procedure, Rule 72; Boeing Co. v. International Union, U.A.A. & A.I.W., 370 F.2d 969 (3rd Cir. 1967), and the many cases cited at 15 A.L.R.3d 899, et seq. And see Christensen v. Farmers Ins. Exchange, 21 Utah 2d 194, 443 P.2d 385 (1968).