State, in Interest of Atcheson

CROCKETT, Justice

(concurring in result but dissenting in part):

I concur in the determination made in the main opinion that the juvenile court proceeded correctly and acted properly in certifying the case to the district court for trial, as this Court had ruled in its order of August 18, 1977. However, I cannot agree, either that the rehearing should have been granted or that the certification order was a final and appealable judgment.

The procedure and certification to the district court is but the transfer of the case from one court to another court of concurrent jurisdiction in the case. It is not different in principle to a change of venue from one such court to another. There is not only no “final judgment” in the case, there is no judgment at all. In the case of In Re Persinger, 19 Utah 2d 186, 429 P.2d 37, this Court rejected the idea that any such interim orders could be appealed. For a good statement and sound ruling on that proposition see also D. H. v. People, Colo., 561 P.2d 5.

It is my judgment that holding interim orders of this character to be final and appealable judgments is squarely contrary to both law and logic; and that it has these highly undesirable effects: it puts another weapon in the hands of those who would obstruct and delay the processes of justice; and it opens the way to placing unnecessary burdens on this Court.

ELLETT, C. J., concurs in the concurring opinion of CROCKETT, J.