Case Information
*1 IN THE UTAH COURT OF APPEALS
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AFCC Limited, ) PER CURIAM DECISION
)
Plaintiff and Appellee, ) Case No. )
v. )
) F I L E D Doug Kahler; and Independent Salon ) (April 2012) Group, Inc., )
) 124 Defendants and Appellant. )
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Fourth District, American Fork Department, 100106904 Honorable Christine S. Johnson
Attorneys: J. Kent Holland, Sandy, Appellant
Reid Tateoka and Jeremy C. Sink, Salt Lake City, Appellee ‐‐‐‐‐
Before Judges Thorne, Roth.
¶1 Doug appeals order set aside judgment. This matter before on AFCC Limited’s summary disposition on grounds are so insubstantial merit further proceedings review.
also issued summary disposition basis lacked jurisdiction absence final, appealable order. However, obtained final, appealable order February an
(continued...) *2 ¶2 district court is afforded broad in ruling a motion for relief from judgment under rule 60(b) of the of Procedure, the ruling will not be disturbed absent a showing that the district court abused its discretion. See Birch v. Birch, P.2d 1114, 1117 (Utah Ct. App. 1989). An appeal from a rule 60(b) motion is narrow scope addresses only the propriety of the denial or grant relief from judgment, lest rule 60(b) motions become substitutes for untimely appeals. See Franklin Covey Client Sales, Inc. Merlin ¶ P.3d 451. a 60(b) motion does not generally reach the merits of the underlying judgment from which relief was sought or provide a for to the legal issues previously adjudicated by the court. See id. 23.
¶3 argues that the erred motion relief under 60(b) because the underlying was flawed to a misapplication of the law. Specifically, asserts that he should not have been held individually responsible the doctrine of unjust enrichment a debt should have belonged solely to the corporation.
“[A]n appeal new trial, rather than a [Rule] 60(b) motion, is the avenue to redress mistakes of law committed by the trial judge, distinguished from clerical mistakes caused by inadvertence, especially where the [Rule] 60(b) is after the time appeal has expired. . . policy behind reading of [Rule] 60(b) is clear; parties should be allowed to escape the consequences of their failure to timely appeal by addressing questions of trial for reconsideration. That function of appellate courts. If allowed raise same questions [Rule] 60(b) motion would have been raised an appeal from merits, a party would be able effect indirect extension of time appeal by appealing [Rule] within thirty days disposition.”
(...continued) amended notice March 2012. Accordingly, withdrawn. *3 Id (quoting Parke ‐ Chapley Constr. Co. Cherrington F.2d (7th Cir. 1989)) (alterations original). alleges made mistake entering against him. As explained above, it improper raise issue motion; remedy Procedure. did not abuse motion.
¶4 Affirmed.
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Gregory K. Judge
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William A. Thorne Jr., Judge
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Stephen L. Roth, Judge