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(Download) "U-M Investments v. Dale v. Ray and Phebe" by Supreme Court Of Utah * eBook PDF Kindle ePub Free

U-M Investments v. Dale v. Ray and Phebe

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eBook details

  • Title: U-M Investments v. Dale v. Ray and Phebe
  • Author : Supreme Court Of Utah
  • Release Date : January 09, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

PER CURIAM: This opinion concerns two motions to dismiss an appeal from a judgment entered December 23, 1981, adjudicating interests and water rights of the parties in the Beaver-Escalante drainage area. That judgment was incident to a general adjudication ordered by the State Engineer on September 1, 1966. What follows addresses only procedural matters involving the jurisdiction of the Court to review issues raised. The specific question presented is whether a notice of appeal must be filed within one month after an amended judgment has been entered where the time for appeal from the original judgment has been extended under Rule 73(a) 1 by the timely filing of a post-judgment motion. When a judgment has been appealed, the lower court loses jurisdiction unless jurisdiction is retained or reinstated by motion made within 10 days after judgment under any one of the following Rules: 50(b), 52(b), or 59. 2 We are concerned here only with Rule 59, and particularly subsection (a)(6) thereof, which provides that a court may enter a new judgment based on Insufficiency of the evidence to justify the verdict or other decision, or that is against law.


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