Wisan v. City of Hildale
Annotate this CaseThe trustee of the United Effort Plan Trust filed a complaint against the City of Hildale and the Twin City Water Authority (TCWA) (together, Appellants) to compel the subdivision of certain parcels of Trust property located within the City’s boundaries. Because Appellants failed to appear or answer the complaint, the district court entered default judgment against them. Thereafter, Appellants filed a Utah R. Civ. P. 60(b) motion to set aside the judgment. While the motion was pending, Appellants filed a direct appeal from the default judgment. The district court denied Appellants’ Rule 60(b) motion, and Appellants did not appeal the denial. The Supreme Court subsequently dismissed Appellants’ direct appeal from the default judgment, holding that the direct appeal was the incorrect vehicle for relief because it relied exclusively on Rule 60(b) arguments made to the district court in the postjudgment motion and disposed of in the unappealed order.
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