Legal Opinion · Dissent

Radakovich v. Cornaby

Court of Appeals of Utah

Decided November 9, 2006No. Case No. 20050911-CAPublished

1DissentThorne, Judge

T 16 I respectfully dissent from the majority opinion's decision to address the merits of the Cornabys' appeal under rule 60(b) of the Utah Rules of Civil Procedure. See Utah R. Civ. P. 60(b). For the reasons expressed in Gillett v. Price, 2006 UT 24, 135 P.3d 861, I would treat the Cornabys' motion to reconsider as a legal nullity, seeking no permitted relief and warranting no appellate review.

117 In Gillett, the supreme court "absolutely reject[ed] the practice of filing post-judgment motions to reconsider." Id. at 11. The court observed that "postjudgment motions to reconsider are not…

2Cases cited2 opinions

  1. Shipman v. EvansUtah Supreme Court · 2004
  2. Salt Lake Knee & Sports Rehabilitation, Inc. v. Salt Lake City Knee & Sports MedicineCourt of Appeals of Utah · 1995

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