Curtis v. Curtis

Supreme Court of North Dakota · 2024 · Family Law

Family LawAppellate ProcedureChild Custodyuntimely appealjurisdictionRule 60(b)N.D.R.App.P. 4(a)(1)N.D.R.App.P. 4(a)(3)(A)(vi)

Facts

The parties tried issues of primary residential responsibility, child support, and attorney’s fees after settling other divorce-related matters and following a temporary parenting schedule during the case. The district court awarded Jenna Curtis primary residential responsibility, continued the existing parenting schedule until August 1, 2025, and then reduced Alexander Curtis’s parenting time when the child would begin school. Judgment was entered on January 10, 2024, and notice of entry of judgment was filed and served on January 15, 2024. Alexander Curtis filed a Rule 60(b) motion on March 12, 2024, and filed his notice of appeal on April 12, 2024, appealing only the judgment.

Issue

Whether the Supreme Court had jurisdiction to consider Alexander Curtis’s appeal from the judgment when his notice of appeal was filed more than 60 days after service of notice of entry of judgment and his Rule 60 motion was filed more than 28 days after that notice. The court also addressed whether Jenna Curtis was entitled to attorney’s fees on the ground that the appeal was frivolous.

Rule

In a civil case, a notice of appeal must be filed within 60 days from service of notice of entry of the judgment or order being appealed. That deadline is jurisdictional. A Rule 60 motion tolls the time to appeal only if the motion is served and filed no later than 28 days after notice of entry of judgment.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a custody dispute in Bismarck, the district court entered judgment on May 2. Notice of entry of judgment was served on May 5. Owen Keller filed a notice of appeal from the judgment on July 1, and no post-judgment motion was filed.

Should the appellate court hear Owen's appeal from the judgment?

Explanation. In a civil case, the notice of appeal must be filed within 60 days from service of notice of entry of the judgment or order being appealed. That deadline is jurisdictional. Because Owen filed on July 1, which is within 60 days of May 5, the appeal is timely and the appellate court has jurisdiction.