Duran v. BAKSH, 257 P.3d 458

The State Defendants moved to dismiss Duran's complaint for lack of jurisdiction under the Utah Governmental Immunity Act notice provisions.
On April 22, 2010, the district court entered an unsigned minute entry announcing dismissal and directing entry of a final order.
Counsel for the State Defendants served a proposed final order on Duran on April 29, 2010; Duran moved for relief from judgment/reconsideration on May 4, 2010 and objected to the proposed final order on May 11, 2010.
The district court issued a May 26, 2010 Ruling and Order of Dismissal with Prejudice; Duran did not file a timely notice of appeal from that order.
In December 2010, the district court denied the prejudgment motion to reconsider, and the court treated the May 26, 2010 order as final, starting the appeal deadline on May 26, 2010.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of appeal from final dismissal	Duran contends the appeal was timely.	State Defendants argue the appeal was untimely and jurisdictional.	Appeal dismissed for lack of jurisdiction due to untimely filing.
Whether pre-judgment reconsideration motion can be treated as a Rule 60(b) motion	Duran argued for relief under Rule 60(b).	Motion was prejudgment and not a proper Rule 60(b) motion.	Motion was prejudgment; not a proper Rule 60(b) relief.
Effect of final judgment on appeal timing	Duran argued ongoing reconsideration could affect timing.	Final order May 26, 2010 fixed the appellate deadline.	Time to appeal began May 26, 2010; untimely appeal negates jurisdiction.

Ron Shepherd Insurance, Inc. v. Shields, 882 P.2d 650 (Utah 1994) (prejudgment reconsideration treated as a timely reconsideration before final judgment)
Gillett v. Price, 135 P.3d 861 (Utah 2006) (prejudgment reconsideration may be treated variably before final judgment)
Varian-Eimac, Inc. v. Lamoreaux, 767 P.2d 569 (Utah Ct.App.1989) (timing of appeal from final judgment governs lack-of-j jurisdiction)