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Thomas v. Thomas, 2014 UT App 72 (March 27, 2014) 

Mar 27, 2014

In a per curiam opinion, the Court of Appeals affirmed the district court’s denial of a Rule 60(b)(1) motion. The respondent had asserted that the district court’s underlying order was based on a mistake of law. The Court of Appeals held that the proper avenue to raise such a challenge is an appeal or a motion for a new trial. Mistakes of law are excluded from the narrow realm of “mistakes” recognized in Rule 60(b)(1), so the motion did not toll the time for appealing the underlying order.