McBroom v. Shauna Child Schmunk

On Direct Appeal

JUSTICE HIMONAS,

opinion of the Court:

INTRODUCTION

¶ 1 Don McBroom, grandson of Rufus Call Willey, founder of the R.C. Willey business enterprise, brought a motion under rule 60(b) *174of the Utah Rules of Civil Procedure asking the Second District Court to set aside two orders relating to Mr. McBroom’s interests in the business. The court denied the motion, and this appeal followed.

¶ 2 We affirm. First, properly construed, Mr. McBroom’s rule 60(b) motion sought relief under paragraphs (3) and (4), not (6).3 Second, since Mr. McBroom filed his motion some forty years after the…