Workers Compensation Fund v. Argonaut Insurance Co.

Summary

The Utah Supreme Court dismissed Argonaut Insurance Company's appeal for lack of jurisdiction because its notice of appeal was filed more than thirty days after the district court's final judgment. The court held that Argonaut's postjudgment filing titled an "objection to judgment" could not be construed as either a Utah Rule of Civil Procedure 59 motion or a Rule 60(b) motion that would extend or preserve appellate jurisdiction.

Holdings

1. A postjudgment filing captioned an 'objection to judgment' does not toll the time for appeal when it is not identified as, or adequately presented as, a motion authorized by Utah Rule of Civil Procedure 59.
2. A postjudgment filing that is not captioned as, or does not cite, a Rule 60(b) motion and does not identify a Rule 60(b) ground for relief will not be construed as a Rule 60(b) motion.
3. The court lacked jurisdiction over Argonaut's appeal because Argonaut filed its notice of appeal more than thirty days after the final judgment and did not file a qualifying Rule 59 or Rule 60(b) motion.

Questions Presented

1. Whether Argonaut's postjudgment 'objection to judgment' could be construed as a Utah Rule of Civil Procedure 59 motion that tolled the time for filing a notice of appeal.
2. Whether Argonaut's 'objection to judgment' could be construed as a Utah Rule of Civil Procedure 60(b) motion whose denial was reviewable on appeal.
3. Whether the Utah Supreme Court had jurisdiction over Argonaut's appeal when the notice of appeal was filed more than thirty days after entry of the final judgment.

Disposition

dismissed