Maddox v. Maddox
Maddox v. Maddox, 2024 UT App 130 (per curiam)
Jurisdiction
The district court granted summary judgment, memorialized in a signed minute entry. Seven months later, it issued an order certifying the ruling as final under Utah Rule 54(b) of Civil Procedure. Chad Maddox filed a notice of appeal within 30 days of the court’s rule 54(b) certification order, arguing that his appeal was proper and timely under both rule 54(b) and under rule 5 of the Utah Rules of Appellate Procedure. The Utah Court of Appeals dismissed the appeal without prejudice, holding:
- The district court improperly certified the summary judgment under rule 54(b), because the order (1) did not dispose of all parties and claims, and (2) did not contain findings discussing the factual overlap between the certified claim and the remaining claims. Hillam v. Hillam, 2022 UT App 24.
- Practice Tip: An insurer for one of the parties is not an actual party to the litigation, and so dismissing its involvement in the litigation is of no moment here.
- Practice Tip: The appellate court may convert an appeal involving an improper rule 54(b) certification into a timely petition for interlocutory appeal, but only if it is filed within 21 days of the target order under Utah R. App. P. 5(a).