Tomorrow, the Utah Court of Appeals will issue the following seven decisions: Berg v. Berg, 20110231 In re Estate of Eleanor Strand, 20110215 Jensen v. Gardner, 20100924 Mower v. Simpson, 20100532 Nelson v. Orem City, 20100976 State v. Campbell, 20100840 Tomlinson v. WFSV, 20120183
Category Archives: Utah Court of Appeals Opinions
Subscribe to Utah Court of Appeals Opinions RSS FeedUtah Court of Appeals Decisions Issued Today
Posted in Utah Court of Appeals OpinionsIn re T.R. (M.R. v. State) Monavie v. Iverson Deseret First Federal Credit Union v. Parkin Stanley v. WFSV Express Recovery Services v. Wall Ordonez v. WFSV
Utah Court of Appeals – Opinions To Be Released Thursday
Posted in Utah Court of Appeals OpinionsThe Utah Supreme Court will not be issuing any opinions this week. Tomorrow, the Utah Court of Appeals will release the following six decisions: Deseret First Credit Union v. Parkin, 20120110 Express Recovery v. Wall, 20120135 In re T.R. (M.R. v. State), 20120187 Monavie v. Iverson, 20110522 Ordonez v. Workforce Services, 20120164 Stanley v. Workforce Services,… Continue Reading
Utah Court of Appeals Opinions Issued Today
Posted in Utah Court of Appeals OpinionsWells Fargo v. Cox State v. Bradshaw American Fork City v. Thayne Living Rivers v. Department of Natural Resources In re R.B.F.S… (B.J.M & A.F.M. v. B.S.) State v. Veale
Utah Appellate Courts – Opinions To Be Released Thursday & Friday
Posted in Utah Court of Appeals Opinions, Utah Supreme Court OpinionsTomorrow, the Utah Court of Appeals will release the following seven decisions: American Fork v. J. Thayne, 20120095 American Fork v. S. Thayne, 20120094 In re R.B.F.S. (A.F.M. & B.J.M. v. B.S.), 20080231 Living Rivers v. Department of Natural Resources, 20110242 State v. Bradshaw, 20120133 State v. Veale, 20100049 Wells Fargo v. Cox, 20120021 … Continue Reading
Utah Court of Appeals Opinions Issued Today
Posted in Utah Court of Appeals OpinionsBarton Woods Homeowners Assoc. v. Stewart State v. Williams Rodaric Group v. Ryan Commonwealth Property Advocates v. JP Morgan Chase Bank Van Den Eikhof v. Vista School AFCC Limited v. Kahler Nicolds v. Board of Pardons and Parole Brook v. Peace Officer Standards and Training
Utah Appellate Courts – Opinions To Be Released Thursday
Posted in Utah Court of Appeals OpinionsThe Utah Supreme Court will not be issuing any opinions this week. Tomorrow, the Utah Court of Appeals will issue the following eight decisions: AFCC v. Taylor, 20120020 Barton Woods Homeowners Association v. Stewart, 20110069 Brook v. POST, 20120045 Commonwealth v. JP Morgan, 20110367 Nicholds v. Board of Pardons, 20110150 Rodaric Group v. Ryan, 20101003… Continue Reading
Utah Court of Appeals Opinions Issued Today
Posted in Utah Court of Appeals OpinionsState v. Maughan Blauer v. Career Service Review Board and Department of Workforce Services State v. Williams State v. Johnson In re A.C…(R.C. v. State) In re N.P. (J.P. v. State) In re A.M…(K.D. v. State)
Utah Appellate Courts – Opinions To Be Released Thursday and Friday
Posted in Utah Court of Appeals Opinions, Utah Supreme Court OpinionsTomorrow, the Utah Court of Appeals will issue the following seven opinions: Blauer v. CSRB & WFSV, 20101048 In re A.C. (RC v. State), 20120033 In re A.M. (KD v. State), 20110963 In re N.P. (JP v. State), 20120079 State v. Johnson, 20100734 State v. Maughan, 20100348 State v. Williams, 20101022 On Friday, April 20th, the… Continue Reading
Utah Court of Appeals – State v. Heimuli – Ineffective Assistance of Counsel
Posted in Criminal Law, Utah Court of Appeals OpinionsThe court of appeals recently issued its opinion in State v. Heimuli, 2012 UT App 69. The court considered whether defense counsel was constitutionally ineffective for failing to introduce expert testimony concerning the reliability of an eyewitness identification. Id. ¶ 3. What makes the issue somewhat unique was that, at the time of trial, a long line of… Continue Reading
Utah Court of Appeals – Shamrock Plumbing v. Silver Baron Partners
Posted in Utah Court of Appeals OpinionsThe Utah Court of Appeals recently issued its opinion in Shamrock Plumbing v. Silver Baron Partners, 2012 UT App 70, reversing a trial court’s grant of relief under rule 60(b). The decision is notable for two reasons. First, the effect of the court’s ruling was to restore a default judgment, even though Utah courts have expressed a preference for judgment… Continue Reading
Order Granting Petition for Writ of Certiorari–State v. Berriel
Posted in Utah Court of Appeals Opinions, Utah Supreme Court NewsThe Utah Supreme Court last month issued a writ of certiorari in State v. Berriel, 2011 UT App 317, to resolve whether the court of appeals “erred in affirming the district court’s refusal to give a jury instruction on defense of another person pursuant to Utah Code Ann. § 76-2-402.” The order granting the petition for writ… Continue Reading
Order Granting Petition for Writ of Certiorari – State v. Simons
Posted in Criminal Law, Utah Court of Appeals Opinions, Utah Supreme Court NewsThe Utah Supreme Court last month issued a writ of certiorari in State v. Simons on the question of “whether the court of appeals erred in affirming the district court’s denial of Petitioner’s motion to suppress evidence on Fourth Amendment grounds.” The court of appeals opinion can be found here. A copy of the order granting the… Continue Reading
Utah Supreme Court – Petition for Writ of Certiorari – Prinsburg v. Abundo
Posted in Utah Court of Appeals Opinions, Utah Supreme Court NewsLast November, the Utah Supreme Court agreed to review the Utah Court of Appeals’ opinion in Prinsburg State Bank v. Abundo, 2011 UT App 239. Prinsburg is a 10-paragraph opinion in which the court held that Prinsburg had failed to preserve issues for appeal when it stipulated to findings of fact and conclusions of law… Continue Reading
Utah Supreme Court – Petition for Writ of Certiorari – Vorher v. Henriod
Posted in Criminal Law, Utah Court of Appeals Opinions, Utah Supreme Court NewsThe Utah Supreme Court has agreed to review the Utah Court of Appeals’ opinion in Vorher v. Henriod, 2011 UT App 199, to address the following issue: “Whether the court of appeals erred in denying Petitioner’s request for extraordinary relief challenging the imposition of a more severe penalty following a de novo trial on appeal… Continue Reading
FDIC v. McDonald: After-Acquired Title and Intervening Security Interests
Posted in Utah Court of Appeals OpinionsThe Utah Court of Appeals issued an opinion last week in Federal Deposit Insurance Corporation v. Taylor, 2011 UT App 416. The court was called upon to decide whether the trial court erred in granting summary judgment regarding the priority of two deeds of trust. This is a long post, but length is necessary to set… Continue Reading
Utah Supreme Court – Petition for Writ of Certiorari – Penunuri v. Sundance Partners
Posted in Utah Court of Appeals Opinions, Utah Supreme Court NewsThe Utah Supreme Court has agreed to review the Utah Court of Appeals’ decision in Penunuri v. Sundance Partners, Ltd., 2011 UT App 183. Other opinions the Utah Supreme Court has agreed to review can be found here, here and here. The facts of Penunuri are straightforward. After Ms. Penunuri was injured during a guided horseback… Continue Reading
Utah Supreme Court – Review of Central Utah Water Conservancy District v. King – Finality under Giusti
Posted in Utah Court of Appeals Opinions, Utah Supreme Court NewsThe Utah Supreme Court has agreed to review Central Utah Water Conservancy District v. King, a per curium decision issued by the Utah Court of Appeals in June. Other opinions the Utah Supreme Court has agreed to review can be found here and here. The facts of King are sparse because the court of appeals… Continue Reading
Utah Supreme Court – Petition for Writ of Certiorari – In re D.B.
Posted in Utah Court of Appeals Opinions, Utah Supreme Court OpinionsLast week, we posted here a number of Utah Court of Appeals’ opinions that the Utah Supreme Court has agreed to review. Another interesting court of appeals’ opinion still under review by the Utah Supreme Court is In re D.B., 2010 UT App 111. D.B. is noteworthy because it involves a novel issue of preservation and contains… Continue Reading
Utah Court of Appeals – State v. Wickward – Utah Should Abandon Anders
Posted in Criminal Law, Utah Court of Appeals OpinionsIn State v. Wickward, 2011 UT App 379, the Utah Court of Appeals affirmed a judgment for a felony conviction and a misdemeanor conviction after it determined that the defendant’s appellate brief “objectively demonstrate[d]” that the issues raised on appeal were “wholly frivolous.” Id., ¶ 1. The court relied on the Anders procedure to affirm the… Continue Reading
Utah Supreme Court – 2011 Petitions for a Writ of Certiorari
Posted in Criminal Law, Insurance Law, Tort Law, Utah Court of Appeals Opinions, Utah Supreme Court NewsBetween January and August, the Utah Supreme Court has adjudicated 67 petitions for a writ of certiorari to the Utah Court of Appeals. The court granted 7 petitions and denied 60 petitions. The court granted petitions in the following cases: State v. Watkins, 2001 UT App 96, which held that the trial court did not… Continue Reading
Utah Court of Appeals – Dahl v. Harrison – Attorney Fees and Discovery Requests
Posted in Utah Court of Appeals OpinionsYesterday, the Utah Court of Appeals issued Dahl v. Harrison, 2011 UT App 389, an opinion authored by Judge Orme. The case began as a client’s malpractice action against an attorney but ended with the trial court’s dismissing the client’s case and awarding attorney fees to the attorney. Id. ¶ 1. Although the court of… Continue Reading
Appellate Review of Arbitration Awards – American Home Systems v. Cambria Homeowners Association
Posted in Commentary on Utah Law, Utah Court of Appeals OpinionsThe Utah Court of Appeals recently issued a per curiam opinion, American Home Systems, LLC, v. Cambria Homeowners Association, Inc., 2011 UT App 337, addressing the need to comply with the statutes that authorize appeals from district court orders relating to arbitration awards. Recently we posted about a Utah Supreme Court case highlighting the importance of filing a timely notice of appeal. … Continue Reading
Utah Court of Appeals – Bozarth v. Iron County Jail – Finality
Posted in Utah Court of Appeals OpinionsIn an opinion issued today that can be found here, the Utah Court of Appeals has provided a nice reminder of what is required for a signed minute entry to constitute a final, appealable order. Under the Utah Supreme Court’s decision in Giusti v. Sterling Wentworth Corporation, 2009 UT 2, 201 P.3d 966, a minute entry… Continue Reading
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