Garver v. Rosenberg

David Garver and Katheryn Garver filed a medical malpractice action against several medical providers. The claims brought by David were referred to arbitration. The Garvers filed an appeal after the arbitration panel issued its decision but before the district court issued a judgment conforming to the arbitration award. The district court subsequently dismissed the Garvers’ claims. The Garvers filed a motion pursuant to Utah R. Civ. P. 60(b) arguing that the district court had been divested of jurisdiction by their premature notice of appeal, and therefore, the district court lacked jurisdiction to enter the judgment. The district court agreed and purported to reissue the judgment. The Garvers then filed another notice of appeal. The Supreme Court dismissed the appeal, holding (1) the district court had jurisdiction to issue its original judgment and erred in assuming it was divested of jurisdiction by the Garvers’ premature notice of appeal; and (2) because the Garvers failed to timely appeal the original judgment, the Court lacked jurisdiction to address any challenge to the merits. View "Garver v. Rosenberg" on Justia Law