180 results for 'court:"Utah Court Of Appeals"'.
J. Orme finds that the trial court properly held that a traffic collision case was barred by a two-year statute of limitations of the Governmental Immunity Act. A driver argued she was unaware that the garbage truck she collided with had government status and that the statute of limitations had been tolled until she found out. But she was notified soon after the collision that the truck was owned by a waste and recycling district and insured by "Government Trust," which gave her early knowledge that the garbage truck was operated by a governmental entity, and any uncertainty could have been cleared up with a direct inquiry. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 4, 2024, Case #: 20221054-CA, Categories: Immunity, Negligence
J. Mortensen finds that the lower court properly convicted defendant of aggravated assault and domestic violence in the presence of a child. Defendant’s wife reported to police that defendant assaulted her in front of their five children, but later recanted her statement and asserted her Fifth Amendment right 47 times at trial. Defendant argues that hearing the invocations over and over prejudiced the jury, but he did not object to the invocations prior to appeal. Also, his argument of ineffective assistance of counsel fails, as what defendant views as error by counsel would not have impacted the outcome of the trial. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220006-CA, Categories: Ineffective Assistance, Assault, Domestic Violence
J. Mortensen finds that the lower court improperly dismissed a complaint filed by a daughter against her father after she allegedly discovered they had taken $133,000 of her settlement money from a medical malpractice suit from when she was a minor and used it to purchase a home for themselves. The lower court suspended the hearing and ordered a supplemental briefing with the understanding that there would be a hearing in the future, but it never happened, resulting in an effective dismissal. The daughter correctly argues her right to due process was violated. The matter is remanded for further consideration. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220756-CA, Categories: Due Process, Enforcement Of Judgments
J. Mortensen finds that the lower court properly convicted defendant of two counts of aggravated sexual abuse of his two minor daughters following his guilty plea. As part of the plea agreement, a sentence of two concurrent terms of six years to life was to be recommended, but at the sentencing hearing, the victims testified that they felt the sentence to be too lenient. The lower court sentenced defendant to 15 years to life for each count, to run concurrently. Defendant argues the prosecutor breached the plea agreement and the court should not have considered the victims’ view on the sentence. Defendant also asserts he received ineffective assistance by trial counsel for failing to object to the prosecutor’s statements at sentencing. However, there was no breach of the plea agreement and no deficiency in defendant’s legal representation. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20221055-CA, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Orme finds that the lower court properly found in favor of a collector and dismissed a debtor’s complaint. Although it may be true that the collector was not registered under the Utah Collection Agency Act, the circumstance existed prior to the lower court proceedings, and the debtor did not object or act to preserve the issue for appeal. Additionally, the debtor’s claim of violation of the Fair Debt Collections Practice Act fails as it is not distinct from her other claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 28, 2024, Case #: 20210518-CA, Categories: Debt Collection
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J. Harris finds that trial court improperly dismissed a developer's counterclaim seeking to relocate a utility's guy wires away from a parcel where it was building a home. Further proceedings are required to allow the developer's experts to opine on matters that had been fairly disclosed. Vacated in part.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: March 21, 2024, Case #: 20210935-CA, Categories: Property, Immunity, Experts
J. Luthy finds that the trial court relied on the wrong standard in rejecting a boundary by acquiescence claim to a disputed strip of land. Evidence that the claimant's predecessor-in-interest had used the strip for at least 20 years and its neighbor's predecessor-in-interest had not complained satisfied the mutual acquiescence element. But the claim fails nonetheless because the claimant failed to show that its predecessor had conveyed the title to the strip to the claimant. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: March 21, 2024, Case #: 20220523-CA, Categories: Property
[Amended.] J. Mortensen clarifies the standard of review in a housing discrimination case with no change in judgment. The district court erred in concluding that a homeowners' association improperly delayed its evaluation of a homeowner's request to keep eight backyard "comfort chickens" for a child with PTSD and anxiety. The HOA properly and timely engaged the homeowner about the requested accommodation, taking a few weeks to evaluate the related issues of runoff, odor, rodents and the novel use of chickens as emotional support animals before granting a variance for two hens. Also, the homeowner failed to show any harm by the alleged delay. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 21, 2024, Case #: 20210698-CA, Categories: Ada / Rehabilitation Act, Property
J. Orme finds that an administrative court's order demoting an employee in rank and reducing his pay was arbitrary and capricious. The sanction for violating a county policy against employees supervising their relatives was not proportional since he was following orders by superiors who knew the policy and knew the assignments would result in his working with his wife. The sanction was also inconsistent since two comparable employees had also violated the policy but faced no discipline. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 21, 2024, Case #: 20220449-CA, Categories: Employment
J. Luthy finds that counsel should have asked for a unanimity jury instruction on an aggravated sexual abuse of a child charge. But defendant was not prejudiced since the activity supporting the charge occurred during the same interaction that resulted in his rape of child conviction. And admission of hearsay testimony was likely error but did not cause prejudice since it was the same as other properly admitted evidence. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: March 21, 2024, Case #: 20210381-CA, Categories: Confrontation, Ineffective Assistance, Sex Offender
J. Mortensen finds that the district court improperly terminated a father's parental rights to his two teenage children and granted their adoption by their stepfather. The categorical concern that the children needed stability and permanence was not enough to terminate the father's rights, since they already lived with their mother and stepfather. Though he is incarcerated, he has sought visitation with the children and has not posed any threat of harm to them. And any lack of communication was due to interference by the mother and stepfather. Reversed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 14, 2024, Case #: 20230162-CA, Categories: Family Law
J. Mortensen finds that the trial court properly applied postjudgment interest on a damages award in a product liability case beginning from the date of the final judgment in 2018. The trial erroneously overturned the jury's damages award, but the Utah Supreme Court reinstated it, and no issues remained undecided after the judgment. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 14, 2024, Case #: 20220957-CA, Categories: Damages, Product Liability
J. Orme finds that it was reasonable for counsel not to object to alleged prosecutorial misconduct during cross-examination of defendant during his trial on rape charges, as objections would have allowed the state to highlight contradictions in defendant's testimony. However, counsel should have requested unanimity jury instructions on two forcible sexual abuse charges, and the state did not sufficiently clarify which acts applied to which charges, so defendant is entitled to a new trial on those two charges. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 14, 2024, Case #: 20220163-CA, Categories: Ineffective Assistance, Sex Offender
J. Harris finds that the trial court properly awarded the family home to the husband in a divorce. The wife's challenge to the award was barred because she waited eight years to make it. But the trial court failed to make findings that her claims about the home were meritless, so it was error to award husband attorney fees. Reversed in part.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: March 14, 2024, Case #: 20221044-CA, Categories: Family Law, Attorney Fees
J. Oliver holds that the trial court conducted its three-step alimony analysis in the wrong order, and ended up awarding more than double the needed monthly amount. On remand, it must consider the parties' needs and their marital standard of living as the first step in the three-part analysis, followed by a determination of the receiving spouse's needs and income and then of the payor's needs and income. Vacated.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: March 7, 2024, Case #: 20220697-CA, Categories: Family Law
J. Orme finds that the jury had sufficient evidence to infer that defendant was reckless enough about the victim's lack of consent to support a conviction for aggravated sexual assault. Counsel's decision not to have defendant's girlfriend corroborate his story was not the best practice but it was not objectively unreasonable enough for an ineffective assistance claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 7, 2024, Case #: 20200720-CA, Categories: Evidence, Ineffective Assistance, Sex Offender
[Amended.] J. Tenney changes one footnote with no change in judgment. Defendant’s counsel failed to ask for jury instructions that would define the serious bodily injury on his possession of a dangerous weapon counts. Defendant was not prejudiced for the convictions based on a chain with a padlock and an axe, but he was prejudiced to the conviction based on a turkey hook. The counsel properly chose not to move for a direct verdict on the paraphernalia count, because there is enough evidence to support that claim. Therefore, there only needs to be a new conviction regarding the weapon counts. Reversed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: March 7, 2024, Case #: 20220143-CA, Categories: Drug Offender, Weapons, Jury Instructions
[Consolidated.] J. Harris finds that the trial court properly terminated a mother and father's parental rights based on substantial evidence the father had continually emotionally abused his four children, two of whom regularly contemplated suicide to avoid his mistreatment. Their claims of state interference in their practice of religion failed because no statutory or constitutional right exists for a parent to abuse or neglect a child on religious grounds, and evidence showed that father's behavior was not compelled by the tenets of his religion. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: February 29, 2024, Case #: 20220803-CA, Categories: Family Law
J. Mortensen finds that the trial court should have required trust beneficiaries to more adequately disclose their expected testimonies supporting a challenge to a trustee's handling of a trust, but the error was harmless because the trustee was allowed to depose them on the subjects of their testimony. Also, a computation of damages was not needed to remove the trustee for his refusal to distribute most of the trust assets, so its omission was harmless. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: February 29, 2024, Case #: 20220699-CA, Categories: Trusts, Fiduciary Duty
J. Oliver finds the district court properly dismissed this trust promissory estoppel claim brought by a son against his father’s estate. The son alleges his father verbally agreed to leave the ranch to him, but in the will, it was left to the father’s grandsons. He fails to meet the burden of proof because the evidence of detrimental reliance was insufficient, and the court could not find an equitable remedy. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: February 26, 2024, Case #: 20210415-CA, Categories: Evidence, Property, Trusts
J. Tenney finds defendant’s counsel failed to ask for jury instructions that would define the serious bodily injury on his possession of a dangerous weapon counts. Defendant was not prejudiced for the convictions based on a chain with padlock and an axe, but he was prejudiced to the conviction based on a turkey hook. The counsel properly chose not to move for direct verdict on the paraphernalia count, because there is enough evidence to support that claim. Therefore, there only needs to be a new conviction regarding the weapon counts. Reversed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 23, 2024, Case #: 20220143-CA, Categories: Drug Offender, Weapons, Jury Instructions
J. Luthy finds the district court improperly dismissed this contract dispute between a construction company and water supplier. The water supplier filed a lawsuit alleging the construction company connected to its water supply without paying membership fees or seeking permission. The construction firm then sued for fraud and breach of contract. The court erred when they concluded the remedy was for a “party’s failure to file a compulsory counterclaim” when the lawsuit was dismissed. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 23, 2024, Case #: 20220565-CA, Categories: Civil Procedure, Property, Water
J. Tenney finds the district court properly dismissed an nivestment company’s lawsuit against the county, which denied the requested zoning change for a proposed landfill. The planning commission tabled the application due to public concerns; in the meantime, another company was awarded a conditional use permit to operate a landfill. This appeal challenges the court’s conclusions relating to the “similarly situated” and “animus” elements of equal protection. The proposals were filed at different times, and were considered by different commissioners, so they are not similarly situated. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 23, 2024, Case #: 20220433-CA, Categories: Civil Procedure, Government, Property
J. Forester finds the district court properly determined a woman’s supplement disclosures were not timely and delayed disclosures, that these deficiencies were not harmless, and that she failed to show good cause for the disclosure being delayed in this car collision suit. She had no good cause or evidence for the delayed disclosures for the discovery process. Affirmed.
Court: Utah Court Of Appeals, Judge: Forester, Filed On: February 15, 2024, Case #: 20220702-CA, Categories: Civil Procedure, Vehicle, Discovery
J. Luthy finds the trial court properly convicted a man on two counts of possession of a controlled substance with intent to distribute. The man says his attorney’s assistance was ineffective, for example because he did not object to testimony related to how much of the drugs are usually kept for personal use, for example. His arguments are unpersuasive. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210868-CA, Categories: Drug Offender, Evidence, Ineffective Assistance
J. Luthy finds the district court properly dismissed a doctor’s contract lawsuit in favor of the hospital with its corporate owner, an administrator and a voting member of the board. The doctor failed to sufficiently address the hospital’s contractual immunity and release of liability defenses. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210606-CA, Categories: Health Care, Immunity, Contract
J. Tenney finds the district court properly dismissed this breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment claims brought by an assignee. The business owner and his two sons argued the case was time-barred and that the statutes of limitation began running in 2009 after the business was dissolved. Because the assignee failed to file this suit until 2021, his claims are time-barred. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 15, 2024, Case #: 20210864-CA, Categories: Civil Procedure, Contract
J. Mortensen finds that the trial court properly handled the child custody and asset division in a divorce. The husband was awarded full child custody with reunification services for the wife based on evidence of her acrimonious relationships with their children. The husband's testimony supported the conclusion that he owned the family business and the trial court was within its discretion to split the equity in the marital home. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: February 8, 2024, Case #: 20210787-CA, Categories: Family Law
J. Tenney finds that the trial court erred in giving a jury instruction on the classifications of defendant's drug and paraphernalia possession charges.
He was convicted of the paraphernalia count but not the possession count, and he failed to show that he would have received a more favorable outcome without the improper instructions. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 8, 2024, Case #: 20210552-CA, Categories: Drug Offender, Jury Instructions