Vague Post-Trial Motions May Not Extend Your Time for Appeal
The Utah Supreme Court sent a reminder to all parties considering appeal: file a timely appeal. And, just as importantly, if you are unclear what type of motion or whether a motion under a particular rule will extend your deadline to appeal, file a timely appeal.
In WCF v. Argonaut Insurance, 2011 UT 61, Argonaut filed a motion entitled “Objection to Judgment” following a judgment entered against it. The motion did not include a memorandum of points and authorities nor cite any legal authority. Argonaut failed to file a timely notice of appeal. Argonaut asserted that the deadline to appeal was stayed by the filing of the Objection to Judgment under Rules 59 and 60(b), Utah Rules of Civil Procedure, alternatively. The Court rejected both claims and found the appeal untimely.
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- Understanding the Appeal of Your Opponent’s Case Is a Key to Winning at Trial.
- Remember to Post All legal Notices in Print and Online Beginning January 1, 2010
- Accounting Malpractice Claims Survive Dismissal in Recent Questionable Ruling in Chaikovsa, LLC v. Ernst & Young, LLP
- Proposed Federal Civil Rule Changes: Rules 26 (experts) and 56 (summary judgment)
- Your Motion to Dismiss in Utah Is Not Limited to the Allegations in the Complaint