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Express Recovery Servs. Inc. v. Reuling 2015 UT App 299 (Dec. 17, 2015)

Dec 17, 2015

The appellants filed a post-judgment motion to amend the district court’s findings and judgment under Utah R. Civ. P. 52 and 59, which the district court denied and concluded was, in substance, a disfavored post-judgment motion to reconsider. Appellants filed their notice of appeal within thirty days of that order. The Utah Court of Appeals treated the post-judgment motion as a properly filed motion that tolls the time for appeal under Utah R. App. P. 4(b) and held that it had jurisdiction to hear the case. The court noted that nothing in the record suggested that the appellants filed their motion in bad faith, or with knowledge that the district court would recast it as a motion to reconsider.