Migliore v. Livingston Fin. LLC
Annotate this CaseThis debt collection action arose from a credit agreement between U.S. Bank and Charles Migliore. Livingston Financial, LLC, as assignee for U.S. Bank, brought suit against Migliore for breach of the credit agreement. The Supreme Court granted summary judgment for Livingston. Approximately two years after the district court denied Migliore’s motion to reconsider summary judgment pursuant to Utah R. Civ. P. 60(b), Migliore filed a renewed Rule 60(b) motion to set aside the judgment. The district court denied the renewed motion and granted Livingston’s motion for attorney fees. Migliore appealed the original grant of summary judgment, the denial of the renewed Rule 60(b) motion, and the order granting attorney fees. The court of appeals (1) dismissed the appeal of the original summary judgment order and the order denying the renewed rule 60(b) motion on the basis that it lacked jurisdiction; and (2) affirmed Livingston’s award of fees. The Supreme Court affirmed, holding that the court of apepals (1) erred when it concluded that it lacked jurisdiction to review the district court’s denial of Migliore’s renewed Rule 60(b) motion, but the renewed motion was improper and without merit; and (2) correctly affirmed the award of attorney fees.
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