This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves the dissolution of marriage between the Petitioner and the Respondent. The Petitioner sought reconsideration of the district court's judgment and final decree of dissolution of marriage, which was issued on January 11, 2010. The Petitioner filed a motion for a new trial or to reconsider the judgment on January 25, 2010.
Procedural History
- District Court, January 11, 2010: Issued a judgment and final decree of dissolution of marriage.
Parties' Submissions
- Petitioner-Appellant: Opposed the dismissal of the appeal as premature and requested a mandate to the district court. However, no argument or authority was provided to demonstrate that the matter was final for purposes of appeal.
- Respondent-Appellee: [Not applicable or not found]
Legal Issues
- Whether the appeal was premature due to the lack of a final order following the Petitioner’s post-judgment motion for reconsideration.
Disposition
- The appeal was dismissed as premature.
Reasons
Per Castillo J. (Fry C.J. and Vanzi J. concurring): The Court held that when a post-judgment motion is filed that could alter, amend, or moot the judgment, the judgment is no longer final for purposes of appeal. The time for filing a notice of appeal begins to run from the filing of the order disposing of the post-judgment motion. Since the district court had not ruled on the Petitioner’s motion for reconsideration, the underlying order was deemed non-final, and the appeal was dismissed as premature. The Court emphasized that the burden is on the party opposing the proposed disposition to clearly point out errors in fact or law, which the Petitioner failed to do.