Brighton v. Koss

Tara and Gregory were granted a divorce on October 18, 2010 after a jury trial. On December 22, 2010, the trial court signed a second judgment. Tara filed her notice of appeal seventy-five days after the trial court's second judgment. The court of appeals dismissed the appeal as untimely. However, Tara had timely filed a motion to modify the first judgment, and the trial court's second judgment did not grant all the relief Tara requested. Tara appealed the order dismissing her appeal. The Supreme Court reversed, holding that the court of appeals erred in dismissing the appeal because the motion to modify operated to extend the appellate timetable after the second judgment, and therefore, the notice of appeal was timely. Remanded. View "Brighton v. Koss" on Justia Law