June 25, 2019

Colorado Court of Appeals: Untimely Filed CRCP 59 Motion Does Not Toll the Time for Filing an Appeal

The Colorado Court of Appeals issued its opinion in In re the Marriage of Walker on September 15, 2011.

Dissolution of Marriage—Post-Decree—C.R.C.P. 59—Timely.

In this post-dissolution of marriage proceeding, wife appealed the order denying her C.R.C.P. 59 motion. The appeal was dismissed.

Wife contended that the trial court erred by denying her C.R.C.P. 59 motion. C.A.R. 4(a) provides that an appeal must be filed within forty-five days of the entry of final judgment. After a final judgment enters, if a timely C.R.C.P. 59 motion is filed, the forty-five-day period for filing a notice of appeal is tolled and begins running from the date the post-trial motion is denied or is deemed denied under C.R.C.P. 59(j). However, an untimely C.R.C.P. 59 motion does not toll the time for filing an appeal.

Here, wife timely requested an extension to filing her C.R.C.P. 59 motion to obtain a transcript of the hearing so that her new attorney could prepare a post-trial motion. Nearly four years later, on November 23, 2008, wife filed her C.R.C.P. 59 motion, contending she had been unable to obtain a transcript. Because wife effectively abandoned her C.R.C.P. 59 motion by not diligently prosecuting it in the trial court, her appeal was dismissed as untimely under C.A.R. 4(a).

This summary is published here courtesy of The Colorado Lawyer. Other summaries for the Colorado Court of Appeals on September 15, 2011, can be found here.

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