McGibbon v. Farmers Ins. Exch., 2015 UT 3 (Jan. 23, 2015)
Jan 23, 2015
The Utah Supreme Court held that it lacked jurisdiction over an appeal taken from an order compelling arbitration. Such an order is a final order, so the notice of appeal procedure applies. Here, the appellant filed a petition for interlocutory appeal directly with the appellate court and did not file anything with the district court. The only notice that the district court received of the appeal was a routine letter sent from the Utah Supreme Court. The Utah Supreme Court held that this form letter could not substitute as the “notice of appeal” that is required under Rule 3 and that it could not treat the interlocutory appeal as sufficient notice because the appellant had not filed a copy of it in the district court.