Defendant was convicted of murder and robbery. Several months after his conviction, he filed for reinstatement of his right to appeal pursuant to Manning v. State and Rule 4(f) of the Utah Rules of Appellate Procedure. He claimed neither counsel…
These companion cases involve the same underlying fair value proceedings initiated by dissenting minority shareholders. In 2014 UT 60, the court affirmed the district court’s refusal to rule on URI’s motion for abatement of interest on the judgment under Rules…
A Rule 7 appeal bond cannot cover costs of notifying class members of an appeal, or administrative costs in maintaining a settlement pending appeal. Several class members had objected to a settlement of claims against Western Union relating to how…
Utah Department of Transportation’s parade permitting requirements, which include insurance and indemnification requirements, were not unconstitutional as applied even though Utah does not exempt indigent applicants from the requirements. The court held, however, that the insurance and indemnification requirements were not…
Property owners secured a construction loan through defendant, which they used to make periodic draws to pay a contractor for the development of two residential properties. Defendant required plaintiff to hand write lien waivers on the requests for draws. Upon…
The Office of Professional Conduct (OPC) investigated allegations of professional misconduct against an attorney, and referred the matter to a screening panel of the Ethics and Discipline Committee of the Utah Supreme Court (Committee). The screening panel provided a notice…
A woman petitioned for and obtained a declaration of unsolemnized marriage between herself and her deceased partner. The district court allowed several of the partner’s cousins to intervene in the action, granted their Rule 60(b) motion to set aside the…
