HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 071 - STATUS ORDER REGARDING NOTICE OF APPEAL1
District Court, Larimer County, State of Colorado
201 LaPorte Avenue, Suite 100
Fort Collins, CO 80521-2761
(970) 494-3500
▲ COURT USE ONLY ▲
Plaintiff:
Eric Sutherland
v.
Defendants:
The City of Fort Collins, et al.
Case Number: 2018CV149
Courtroom: 5B
STATUS ORDER REGARDING NOTICE OF APPEAL
Plaintiff filed a Notice of Appeal on October 23, 2018. Among other things,
Plaintiff appeals this Court’s: Order Granting Defendants’ Motions to Dismiss as to
Defendants City of Fort Collins, Steve Miller, and Irene Josey; Order Granting
Defendants’ Timnath Development Authority and Compass Mortgage Corporation’s
Joint Motion to Dismiss, and the related Order Denying Reconsideration; and Order
Granting Timnath Development Authority’s and Compass Mortgage Corporations’
Motion for Attorneys’ Fees and Bill of Costs. Notice of Appeal at 3.
The Court now issues a Status Order regarding the effect of this Notice of Appeal
on the motions currently pending before the Court.
I. Legal Standards
“Upon the filing of the notice of appeal, the appellate court shall have exclusive
jurisdiction over the appeal…”. C.A.R. 3(a). This provision “must be read as requiring
transfer of jurisdiction to the court of appeals ‘[u]pon the filing of the notice of appeal’ of
a final judgment.” Musick v. Woznicki, 136 P.3d 244, 249 (Colo. 2006) (quoting C.A.R. 3(a))
(alteration and emphasis in original).
“Generally, the filing of a notice of appeal shifts jurisdiction to the appellate
court, thus divesting the trial court of jurisdiction to conduct further substantive action
DATE FILED: October 29, 2018
CASE NUMBER: 2018CV149
2
related to the judgment on appeal.” Id. at 246. “[A] trial court retains jurisdiction to act
on matters that are not relative to and do not affect the judgment on appeal.” Id. at 248
(quoting People v. Stewart, 55 P.3d 107, 126 (Colo.2002)). “[A] trial court loses
jurisdiction to determine substantive matters related to the judgment on appeal once the
appeal is filed only if the appeal is of a final judgment.” Id. at 250.
II. Application of Law
Several motions are currently pending before this Court. The pending motions
are:
(1) The City of Fort Collins’ Combined Motion for Attorneys’ Fees and Bill of
Costs
(2) Plaintiff’s Motion for Determination of Questions of Law Under Rule 56(h)
(3) Plaintiff’s Motion for Correction of the Record in Advance of Appeal
(4) Defendants Miller and Josey’s Verified Motion for Award of Attorney Fees
(5) Plaintiff’s Motion for a Hearing of Defendant City of Fort Collins’ Combined
Motion for Attorneys’ Fees and Costs
(6) The City of Fort Collins’ Motion to Strike Plaintiff’s Motion for Determination
of Questions of Law Under Rule 56(h).
Pursuant to the notice of appeal of several final judgment orders from this Court,
this Court does not have jurisdiction to consider any of the motions pending before it.
The Court will not consider any of these pending motions further until the Court
reacquires jurisdiction.
Dated: October 29, 2018.
BY THE COURT:
__________________________
Gregory M. Lammons
District Court Judge