Hayes v. Intermountain Geoenvironmental Servs. Inc.
Hayes v. Intermountain Geoenvironmental Servs. Inc.
Opinion
¶1 Plaintiffs Kim and Nancy Hayes appeal the district court's dismissal of their claims against defendant Intermountain GeoEnvironmental Services Inc. (IGES). IGES is one of three defendants against whom the Hayeses brought suit. In response to a motion brought by IGES pursuant to rule 54(b) of the Utah Rules of Civil Procedure, the district court entered an order characterizing the previously entered order of dismissal as "a final order, thus starting [the] time for appeals should there be any, from the date this Order is signed and entered." Given the text of the district court's order, and in light of our Supreme Court's recent decisions in
First National Bank v. Palmer
,
¶2 Because "acquiescence of the parties is insufficient to confer jurisdiction on the court,"
Palmer
,
¶3 For a nonfinal order to be properly certified for appeal under rule 54(b), first, "there must be multiple claims for relief or multiple parties to the action;" second, "the judgment appealed from must have been entered on an order that would be appealable but for the fact that other claims or parties remain in the action;" and third, "the district court, in its discretion, must make an express determination that there is no just reason for delay ." Id. ¶ 16 (emphasis added) (quotations simplified). Additionally, rule 52(a) of the Utah Rules of Civil Procedure requires that the district court "enter findings supporting the conclusion that the certified orders are final." Id. ¶ 21 (quotation simplified). Those findings should, among other things, "advance a rationale as to why" there is "no just reason for delay." Id. (quotation simplified). This is a practical requirement because appellate courts "cannot review an order that does not offer the court enough findings and conclusions to understand the district court's reasoning." 1 Id. ¶ 27 (quotation simplified).
¶4 Here, although its order was captioned "Order on Defendant [IGES's] Motion for Rule 54(b) Certification," the district court merely stated that its prior order of dismissal "is deemed a final order, thus starting [the] time for appeals." The order, which was drafted by IGES's counsel, failed to include findings and the requisite express language that there is "no just reason for delay."
See
Palmer
,
¶5 The inefficiency attending dismissal of a case that was set for oral argument is regrettable. "Unfortunately, because the final judgment rule is jurisdictional and not discretionary, we are powerless to decide the merits of the appeal for the sake of convenience."
Heartwood Home Health & Hospice LLC v. Huber
,
While a district court's overall ruling on finality is reviewed for correctness, the court's specific determination that there is "no just reason for delay"-the third criterion of rule 54(b) -is reviewed for abuse of discretion.
Copper Hills Custom Homes, LLC v. Countrywide Bank
,
FSB
,
While we do have the discretion to treat an improper rule 54(b) certification as a request for leave to take an interlocutory appeal under rule 5(a) of the Utah Rules of Appellate Procedure, such discretion is rarely exercised,
cf.
Chaparro v. Torero
,
Reference
- Full Case Name
- Kim HAYES and Nancy Hayes, Appellants, v. INTERMOUNTAIN GEOENVIRONMENTAL SERVICES INC., Appellee.
- Cited By
- 7 cases
- Status
- Published