Migliore v. Livingston Fin., LLC, 2015 UT 9 (Jan. 27, 2015) 

The Utah Supreme Court changed the standard for determining when an order is final for purposes of filing an appeal when a Rule 11 motion is pending. In Clark v. Booth, 821 P.2d 1146 (Utah 1991), the Utah Supreme Court had held that Rule 11 sanctions were collateral and did not affect the finality of a court’s order. Subsequently, in ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254, the Utah Supreme Court adopted a rule that a judgment is not final until resolution of any outstanding requests for attorney’s fees. Reversing the Utah Court of Appeals, the Utah Supreme Court repudiated Clark and held that requests for Rule 11 sanctions raised before or contemporaneously with the entry of a final, appealable judgment must be resolved in order for the judgment to be final and appealable.