Baker v. Western Surety Co.

OPINION

GREENWOOD, Judge:

Plaintiffs, George and Della Baker (the Bakers), appeal from the district court’s modification of its prior judgment pursuant to Utah R.Civ.P. 60(b). The Bakers claim that the court lacked jurisdiction to modify the order because a notice of appeal had been filed and docketed prior to the hearing on defendant Western Surety Company’s (Western Surety) 60(b) motion. In addition, the Bakers claim that the court erred in modifying the judgment. We reject those arguments and affirm.

The dispute in this case involves a motor vehicle dealer’s bond which Western Surety issued…