Utah Court of Appeals
Does filing a notice of appeal divest trial court jurisdiction over pending Rule 59 motions? Ortiz v. Crowther Explained
Summary
Daniel Ortiz filed a notice of appeal after the trial court granted summary judgment in favor of Scott Crowther, but while his Rule 59 motion to alter or amend judgment was pending. The trial court incorrectly determined it lacked jurisdiction to consider the Rule 59 motion due to the pending appeal.
Analysis
The Utah Court of Appeals clarified an important jurisdictional principle in Ortiz v. Crowther, addressing when trial courts lose jurisdiction after a notice of appeal is filed.
Background and Facts
Daniel Ortiz appealed a trial court’s order granting summary judgment in favor of Scott Crowther. Ortiz filed his notice of appeal while a Rule 59 motion to alter or amend judgment remained pending. The trial court erroneously concluded it lacked jurisdiction to consider the Rule 59 motion because of the general rule that trial courts are divested of jurisdiction when a case is under advisement on appeal.
Key Legal Issues
The court addressed whether a trial court retains jurisdiction to decide a pending Rule 59 motion after a notice of appeal has been filed, and whether such a notice of appeal effectively transfers jurisdiction to the appellate court before post-judgment motions are resolved.
Court’s Analysis and Holding
The court held that while a timely notice of appeal generally transfers jurisdiction to the appellate court, premature notices of appeal do not effectuate transfer of jurisdiction. Under Utah Rule of Appellate Procedure 4(b), when a party timely files certain post-judgment motions, including Rule 59 motions, the time to appeal runs from entry of the order disposing of the motion. The court emphasized that a notice of appeal filed before resolution of such motions is treated as filed after the motion’s resolution, meaning the trial court retains jurisdiction over the pending motion.
Practice Implications
This decision clarifies that trial courts maintain jurisdiction to decide pending post-judgment motions enumerated in Rule 4(b), even after a notice of appeal is filed. Practitioners should ensure trial courts understand they must resolve such motions before the appeal can proceed. The ruling prevents unnecessary delays by requiring trial courts to complete their consideration of post-judgment motions rather than incorrectly declining jurisdiction due to a pending appeal.
Case Details
Case Name
Ortiz v. Crowther
Citation
2017 UT App 133
Court
Utah Court of Appeals
Case Number
No. 20170337-CA
Date Decided
July 28, 2017
Outcome
Remanded
Holding
A trial court retains jurisdiction to rule on a timely Rule 59 motion to alter or amend judgment even after a notice of appeal has been filed, as the premature notice of appeal does not effectuate transfer of jurisdiction until the post-judgment motion is resolved.
Standard of Review
Not applicable – jurisdictional determination
Practice Tip
When filing post-judgment motions under Rule 59, ensure the trial court understands it retains jurisdiction to rule on such motions even if a notice of appeal has been filed, as the appeal remains ineffective until the motion is decided.
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