Holyoak v. Morgan
Holyoak v. Morgan
Opinion
Per Curiam:
¶1 Appellant Max G. Morgan appeals the denial of his motion to set aside a judgment under rule 60(b) of the Utah Rules of Civil Procedure based upon a claim of excusable neglect. We affirm. 1
¶2 On January 27, 2017, the district court issued a Temporary Civil Stalking Injunction, which was served on Morgan on or about January 30, 2017. On February 15, 2017, Morgan filed a request for an evidentiary hearing.
See
¶3 On March 16, 2017, Morgan filed a motion to set aside the stalking injunction and a request for a rule 60(b) rehearing. Morgan argued that his failure to appear at the scheduled hearing was due to excusable neglect. Morgan's counsel admitted that he had received the district court's electronic notification on February 21, 2017, but argued that "due to ... inadvertence and honest mistake," he failed to read the notice or calendar the hearing. Holyoak opposed the motion to set aside the stalking injunction, arguing that some evidence of diligence is necessary to establish excusable neglect.
¶4 The district court denied the motion to set aside the stalking injunction. In a written order, the district court first noted that the case involved a stalking injunction, that Morgan requested the hearing, and that both Morgan and his counsel "should have realized that timetables for stalking injunction cases are short." The court found that while the court, Holyoak, and Holyoak's counsel acted diligently in setting and preparing for the March 1 hearing, Morgan and his counsel did not act diligently. Morgan's counsel should have read the notice scheduling the hearing, and both Morgan and his counsel "should have been significantly more curious about whether a hearing had been scheduled and when it would be held." Referring to a "stunning lack of diligence" by Morgan and his counsel, the district court denied the motion.
¶5 "We review a district court's denial of a rule 60(b) motion for relief from judgment for an abuse of discretion."
Jones v. Layton/Okland
,
¶6 Morgan provided no evidence of any diligence to support his claim of excusable neglect. Morgan requested the hearing and should have known that the court was required to hold a hearing within ten days of his filing of the request.
See
¶7 This court affirmed the denial of a rule 60(b) motion based upon similar facts in
Aghdasi v. Saberin
,
¶8 Morgan's alternative claim that the district court's ruling was deficient in failing to provide adequate factual findings for appellate review lacks merit. The written ruling and order adequately detailed the district court's reasoning and is sufficient to allow review by this court.
¶9 Holyoak asks this court to award him attorney fees "pursuant to the Utah Rules of Appellate Procedure." Because Holyoak did not identify an appellate rule or provide analysis in support of the request, we decline to consider it.
See
Utah R. App. P. 24(a)(9) ("A party seeking attorney's fees on appeal must state the request explicitly and set forth the legal basis for an award.");
see also
Advanced Restoration, LLC v. Priskos
,
¶10 We affirm the denial of the motion to set aside the judgment.
Although Morgan requested oral argument, we conclude that oral argument in this case will not significantly aid the decisional process. See Utah R. App. P. 29(a)(2) ("Oral argument will be allowed in all cases in which the court determines that oral argument will significantly aid the decisional process.").
Because we conclude that the district court in this case did not abuse its discretion in determining that Morgan did not demonstrate excusable neglect, it is unnecessary to consider whether Morgan had a meritorious defense.
See
Aghdasi v. Saberin
,
Reference
- Full Case Name
- Mark C. HOLYOAK, Appellee, v. Max G. MORGAN, Appellant.
- Cited By
- 2 cases
- Status
- Published