Smith v. Blonquist

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Smith v. Blonquist, Case No. 991000-CA, Filed April 5, 2001 IN THE UTAH COURT OF APPEALS


Shirley Smith,
Plaintiff and Appellee,


Thomas R. Blonquist,
Defendant and Appellant.

Not For Official Publication)

Case No. 991000-CA

April 5, 2001 2001 UT App 112 -----

Third District, Salt Lake Department
The Honorable Homer F. Wilkinson

Thomas R. Blonquist, Salt Lake City, Appellant Pro Se
John E. Cawley, Salt Lake City, for Appellee


Before Judges Greenwood, Jackson, and Davis.


This case is before the court on appeal from summary judgment.

Appellant maintains that the trial court deprived him of the opportunity to file postjudgment motions under Utah Rules of Civil Procedure 59(e) and 60(b) when the trial court did not notify him of its August 2, 1999 minute entry finding him in default and awarding summary judgment to appellee. However, "a party to a lawsuit is on constructive notice of the contents of the court record and has a duty to be aware of what the trial court does." Reeves v. Steinfeldt, 915 P.2d 1073, 1077 n.6 (Utah Ct. App. 1996). In this case, although the court announced its ruling on August 2, it did not enter judgment until October 29. Appellant acknowledges that notice of the entry of judgment was mailed to him on November 14. Under Utah Rule of Civil Procedure 60(b), he had three months from the date judgment was entered to move for relief from the judgment. Appellant had ample time to move to set the judgment aside, but failed to do so.

We likewise reject appellant's claim that appellee's failure to serve him with a copy of the judgment before the trial court entered it denied him due process. Even where judgment is entered, a party's failure to receive notice does not invalidate the judgment. Workman v. Nagle Constr., Inc., 802 P.2d 749, 751 (Utah Ct. App. 1990). And, as we have noted, appellant had a remedy in the form of a motion for relief from judgment but failed to pursue it.

The order of the district court is affirmed.

Pamela T. Greenwood,
Presiding Judge

Norman H. Jackson,
Associate Presiding Judge

James Z. Davis, Judge