Amanda Marie Secola v. Jeffrey Adam Secola

Boise, Idaho divorce lawyers represented the Petitioner and the Respondent in a marriage dissolution action.

The magistrate court entered a decree of divorce in 2018, at which time the parties stipulated to joint legal and physical custody of their minor child. A petition to modify the divorce decree was later filed and a trial was held on the petition. On October 12, 2022, the magistrate court entered judgment for modification of custody, visitation, and child support. On October 27, 2022,[1] Jeffrey moved for a new trial or, alternatively, reconsideration of the judgment. The magistrate court denied the motion on December 9, 2022, because it had not been filed within fourteen days after the entry of judgment. On December 22, 2022, Jeffrey filed a motion for reconsideration and a declaration in support of the motion in which he contended that the court clerk made a mistake by rejecting his motion for new trial or reconsideration, that any error was corrected within three days, and that the filing should have been backdated to October 26, 2022. On January 19, 2023, the magistrate court entered an amended order in which it considered Jeffrey's motion for new trial or reconsideration as having been filed on October 26, 2022, and denied the motion. On February 19, 2023, Jeffrey filed a notice of appeal to the district court from the judgment entered October 12, 2022. The district court dismissed the appeal on February 22, 2023, based on a lack of jurisdiction due to an untimely notice of appeal. Jeffrey appeals.

Affirmed