In the recent case of Mcquarrie v. Mcquarrie, 2017 UT App. 209, Utah’s Court of Appeals decided the issue of finality of a divorce order that awards one party attorney fees in an amount to be determined. The Court decided that such an order is not final until the amount of the attorney fees award has been determined.
Husband appealed an order dismissing both parties’ petitions to modify a decree of divorce. Wife moved for a summary dismissal of husband’s appeal based on a lack of jurisdiction, arguing that there was no final order because the amount of attorney fees had not yet been determined. See Pro Max Dev. Corp. v. Raile, 2000 UT 4, paragraph 15, 998 P.2d 254.
Husband argued that the changes in Utah Rule of Civil Procedure 58(A) effectively overruled the Pro Max case. But those changes relate to situations where a post-judgment motion for attorney fees is filed. In the instant case, there was no post-judgment motion for attorney fees. The judgment itself had awarded attorney fees in an amount to be determined.
Thus, there was no final, appealable order until the amount of attorney fees was determined. As such, the court of appeals had no jurisdiction and dismissed the husband’s premature appeal without prejudice (meaning he could still file again once the judgment became final).
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.