Garver v Rosenberg

Garver filed a premature notice of appeal challenging an order compelling arbitration. Several months later, the district court entered a judgment affirming the arbitration award in favor of Rosenberg. After the thirty day period to appeal had expired, Garver filed a Rule of Civil Procedure 60(b) motion arguing the premature notice of appeal divested the district court of jurisdiction and seeking a reissuance of the judgment. The district court agreed that it lacked jurisdiction to issue the judgment, ruled in now had jurisdiction because the appeal had been dismissed as premature and reissued its judgment without making any substantive changes. Garver filed a timely appeal of the second judgment. The Court dismissed. It clarified that under Appellate Rule 4 and Utah precedent, only timely filed notices of appeal transfer jurisdiction from the district court to the appellate court. It held that because the first notice of appeal was field before final judgment and was thus premature, the district court retained jurisdiction over the case. Thus, the district court erred in granting the 60(b) motion. The Court reminded litigants and district courts that they cannot circumvent Appellate Rule 4 through reissued judgments. As there was no issue before the Court to review, it dismissed the appeal.