Mottaghian v. State
Mottaghian v. State, 2023 UT App 64 (Per curiam)
Mottaghian filed a petition for permission to bring an interlocutory appeal from the trial court’s order denying his “motion to clarify.” Mottaghian’s petition for interlocutory review was not filed for 46 days after entry of the order. The district court re-issued the order to restart Mottaghian’s 21-day clock. The Utah Court of Appeals denied Mottaghian’s petition as untimely, holding:
- The district court erred in restarting the clock.
- Judicial Tip: Trial courts do have the authority, under certain circumstances, to extend the time to file an appeal from a final order. But no court has authority, by rule, to extend the time to file a petition for permission to bring an interlocutory appeal, even if the relevant order is not served on counsel after it is entered.