This suit involved a dispute over an assignment of the right to receive rental payments. Wolf Mountain, as payment for attorney fees, had assigned its rights to receive rent from a property in Summit County to Kirton McConkie. The property…
In this appeal from the denial of an ex-husband’s motion to dismiss a protective order that his ex-wife had obtained against him, the Utah Court of Appeals considered whether the ex-husband had properly preserved his arguments for appeal. The ex-husband…
The Tenth Circuit dismissed this appeal for lack of jurisdiction. The defendants’ motion for reconsideration of the denial of their motion to dismiss, which was filed eight months after that decision, did not toll the time for appeal of that…
A lawful permanent resident appealed an order of removal based upon his conviction for failure to stop at the command of a police officer. Extending the Supreme Court’s decision in Johnson v. United States, — U.S. —, 135 S. Ct….
Third District Judge Elizabeth Hruby-Mills grants state’s motion to dismiss corruption charges against Mark Shurtleff.
The court concluded that the claims procedure provided in the Unclaimed Property Act, Utah Code §§ 67-4a-101 et seq., is the exclusive method for a judgment creditor to obtain a judgment debtor’s unclaimed property that is held by the State.
The court overruled Panos v. Smith’s Food & Drug Centers, Inc., 913 P.2d 363 (Utah Ct. App. 1996), and held that a dismissal for failure to prosecute under Utah R. Civ. P. 41(b) is with prejudice unless the judge specifies…
In this consolidated case, the Utah Supreme Court held that an enforceable forum selection clause does not preclude application of Utah’s borrowing statute. The forum selection clause required that the case be governed by all of Utah’s law, both procedural…
In an appeal from convictions for murder and obstruction of justice, defendant argued the lower court erred in excluding portions of a police interview in which defendant stated he fought with victim based on victim’s statements about an affair with…
The Court of Appeals rejected defendant’s argument that exhibits submitted by an opposing party in the context of Rule 60(b) must be accompanied by a sworn affidavit. At the same time, however, the Court of Appeals reiterated that the district…
