Tuesday, January 03, 2006

Amendments to Utah R. App. P. 4(b) are not retroactive

Dent v. Dent, 2005 UT App 568.

In its first foray into the timeliness of notices of appeal under the new rule 4(b), the court held that the rule amendments do not apply retroactively. The court relied primarily on the language of the supreme court's order adopting the amendment. That order stated that the amendments were effective Nov. 1, 2005.

So, the husband's notice of appeal, filed after his motion for an amended judgment, but before the court ruled on his motion, was untimely.


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