STATE STATUTES & CODES
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UTAH STATUTES AND CODES
31A-27a-205 - Decision and appeals.
31A-27a-205. Decision and appeals.
(1) The receivership court shall enter judgment on the petition to commence formaldelinquency proceeding within 15 days after the day on which the evidence is concluded.
(2) (a) An order entered pursuant to Subsection (1) is final when entered.
(b) An appeal shall be:
(i) handled on an expedited basis; and
(ii) taken within five days of the day on which judgment is entered.
(3) (a) Absent entry of an order staying the order pursuant to Subsection (4), the orderhas full force and effect and the receiver shall carry out the order's terms and this chapter.
(b) A request for reconsideration, review, or appeal, or posting of a bond, may notdissolve or stay the judgment.
(4) (a) The following motions must first be presented to the receivership court:
(i) a motion for a stay of a judgment;
(ii) a motion for approval of a supersedes bond; or
(iii) a motion for other relief pending appeal.
(b) Except for a grant of a petition for rehabilitation which shall remain in effect pendinga decision on appeal, during the pendency of an appeal the receivership court may do any of thefollowing in accordance with the Utah Rules of Civil Procedure:
(i) suspend an order entered under Subsection (1);
(ii) modify an order entered under Subsection (1); or
(iii) make any other appropriate order governing the enforceability of an order enteredunder Subsection (1).
(c) The receivership court or an appellate court to which the matter is presented maycondition any relief it grants under this Subsection (4) on the filing of a bond or other appropriatesecurity with the receivership court.
(5) Section 31A-27a-114 applies to all acts taken during the pendency of an appealregardless of the appeal's ultimate disposition.
(6) The reversal or modification on appeal of an order of rehabilitation or liquidationdoes not affect the validity of an act of the receiver pursuant to the order unless the order isstayed pending appeal.
(1) The receivership court shall enter judgment on the petition to commence formaldelinquency proceeding within 15 days after the day on which the evidence is concluded.
(2) (a) An order entered pursuant to Subsection (1) is final when entered.
(b) An appeal shall be:
(i) handled on an expedited basis; and
(ii) taken within five days of the day on which judgment is entered.
(3) (a) Absent entry of an order staying the order pursuant to Subsection (4), the orderhas full force and effect and the receiver shall carry out the order's terms and this chapter.
(b) A request for reconsideration, review, or appeal, or posting of a bond, may notdissolve or stay the judgment.
(4) (a) The following motions must first be presented to the receivership court:
(i) a motion for a stay of a judgment;
(ii) a motion for approval of a supersedes bond; or
(iii) a motion for other relief pending appeal.
(b) Except for a grant of a petition for rehabilitation which shall remain in effect pendinga decision on appeal, during the pendency of an appeal the receivership court may do any of thefollowing in accordance with the Utah Rules of Civil Procedure:
(i) suspend an order entered under Subsection (1);
(ii) modify an order entered under Subsection (1); or
(iii) make any other appropriate order governing the enforceability of an order enteredunder Subsection (1).
(c) The receivership court or an appellate court to which the matter is presented maycondition any relief it grants under this Subsection (4) on the filing of a bond or other appropriatesecurity with the receivership court.
(5) Section 31A-27a-114 applies to all acts taken during the pendency of an appealregardless of the appeal's ultimate disposition.
(6) The reversal or modification on appeal of an order of rehabilitation or liquidationdoes not affect the validity of an act of the receiver pursuant to the order unless the order isstayed pending appeal.
Enacted by Chapter 309, 2007 General Session
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