State v. Powell

State v. Powell  (98-303); 168 Vt. 636; 725 A.2d 301

[Filed 21-Dec-1998]



                                ENTRY ORDER

                      SUPREME COURT DOCKET NO. 98-303

                            DECEMBER TERM, 1998


STATE OF VERMONT                }    APPEALED FROM:
                                }
                                }
     v.                         }    Vermont District Court
                                }    Unit No. 1, Windham Circuit
PETER J. POWELL                 }
                                }    DOCKET NO. 1492-09-97 WmCr
                                


       In the above-entitled cause, the Clerk will enter:

       Defendant's counsel in this criminal case seeks to appeal from the
  district court's order denying his motion to withdraw.  Because the order
  he seeks to appeal from is not a final appealable order, the appeal is
  dismissed.  See, In re Burlington Bagel Bakery, 150 Vt. 20, 21 (1988)
  (final and appealable order must end litigation on merits or conclusively
  determine rights of parties, leaving nothing for court to do but execute
  judgment); Messih v. Lee Drug, Inc., 220 Cal. Rptr. 43, 45 (Ct. App. 1985)
  (ruling on attorney's motion to withdraw is nonappealable interim order);
  cf., Chaker v. Chaker, 147 Vt. 548, 548-48 n.* (1986) (applying V.R.A.P. 2
  to review as interlocutory appeal trial court's ruling on attorney's motion
  to withdraw); 19 J. Moore, Moore's Federal Practice 202.11 [8][b], at 61
  (3d ed. 1998) (given related decisions by United States Supreme Court,
  orders denying disqualification of attorneys in criminal cases are most
  likely not appealable under final judgment rule).




    BY THE COURT:



    _______________________________________
    Jeffrey L. Amestoy, Chief Justice

    _______________________________________
    John A. Dooley, Associate Justice
    _______________________________________
    James L. Morse, Associate Justice

    _______________________________________
    Denise R. Johnson, Associate Justice
    
    _______________________________________
    Marilyn S. Skoglund, Associate Justice