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Osguthorpe v. ASC Utah, Inc., 2015 UT 89 (October 13, 2015)

Oct 13, 2015

This appeal arose out of a longstanding dispute between the Osguthorpe family and ASC Utah, Inc., which operated the Canyons ski resort on land adjacent to that owned by the Osguthorpes. The Court held that it lacked jurisdiction to consider several of the Osguthorpe’s arguments relating to the jury trial in the underlying matter – including the argument that additional claims should have been allowed to go to the jury, and objections to jury instructions that were given. The Court explained that the jury verdict was certified as a final judgment under Utah R. Civ. P. 54(b), which also rendered final and appealable all interlocutory decisions that led up to that judgment. The Osguthorpe’s failure to file a notice of appeal within 30 days of the Rule 54(b) certification deprived the Court of jurisdiction to consider those claims on appeal.