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Aparna Vashisht-Rota v. Howell Management Services, LLC
Paid petition · Court of Appeals of Utah, No. 20230500-CA · judgment August 1, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether an exception to the final judgment rule is valid under U.R.A.P. 5 as the June 9th, 2023 and June 13th, 2023 arose from an improperly dismissed interlocutory appeal which the Court of Appeals dismissed voluntarily? a. If the Court of Appeals lost jurisdiction in September 2022, the month Rota sent the email to dismiss her appeal after a rule 37A motion for suggestion of mootness; then at the time of the voluntary dismissal, could the Court of Appeals have entered the November 1, 2022 Order two months beyond such a dismissal? b. The November 1, 2022 Order mentioned in the June 9th, 2023 Order arose from the interlocutory appeal and as the appeal was not properly dismissed as per URAP Rule 37, then the Court of Appeals still has jurisdiction under URAP Rule 5.
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Whether paragraph 5b in the June 9th Order is estoppped in part as HMS lost those points on appeal on January 19th, 2023 (See Separate
Counsel of record
For petitioner
Aparna Vashisht-Rota
For respondent
Jeffrey Weston Shields
Ray Quinney & Nebeker, P.C.
Case
Conference history
Distributed for 2 conferences
Proceedings
- Feb 26 2024Rehearing DENIED.
- Feb 07 2024DISTRIBUTED for Conference of 2/23/2024.
- Jan 25 2024Petition for Rehearing filed.
- Jan 08 2024Petition DENIED.
- Dec 06 2023DISTRIBUTED for Conference of 1/5/2024.
- Nov 30 2023Waiver of right of respondent Howell Management Services, LLC to respond filed.
- Oct 19 2023Petition for a writ of certiorari filed. (Response due November 27, 2023)