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Chaparro v. Torero, 2018 UT App 181 (Sept. 20, 2018)

Sep 20, 2018

Analyzing the scope of revisions to Rule 4(b) of the Utah Rules of Appellate Procedure, the court of appeals held that the appellant could not appeal as of right from the divorce decree under Rule 4, because the decree contemplated additional determination of the amount of attorney fees.  However, because the district court modified custody as a sanction without considering the best interests of the minor child, the court of appeals concluded that it presented an extraordinary case where it would be appropriate to exercise jurisdiction under Rule 5.