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BAKER v. WESTERN SUR. CO.

No. 870267-CA.

757 P.2d 878 (1988)

George M. BAKER and Della A. Baker, Plaintiffs-Appellants and Cross-Respondents, v. WESTERN SURETY COMPANY; Craig A. Papa-Dakis, individually and dba "Auto-Mart;" and Auto-Mart, Defendants-Respondents and Cross-Appellants.

Court of Appeals of Utah.

June 20, 1988.

Attorney(s) appearing for the Case

John D. Parken (argued), Marcella L. Keck, Parken & Keck, Salt Lake City, Nev., for plaintiffs-appellants and cross-respondents.

John N. Braithwaite (argued), Hanson, Dunn, Epperson & Smith, Salt Lake City, for defendants-respondents and cross-appellants.

Before GREENWOOD, ORME and BILLINGS, JJ.

OPINION

GREENWOOD, Judge:

Plaintiffs, George and Della Baker (the Bakers), appeal from the district court's modification of its prior judgment pursuant to Utah R.Civ.P. 60(b). The Bakers claim that the court lacked jurisdiction to modify the order because a notice of appeal had been filed and docketed prior to the hearing on defendant Western Surety Company's (Western Surety) 60(b) motion. In addition, the Bakers claim that the court erred in modifying the...

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