The Utah Supreme Court addressed two jurisdictional issues in this appeal from the district court’s rulings on competing motions for summary judgment in an expedited proceeding under Utah Code § 73-4-24(1) within a water rights general adjudication. The court first held…
The court held that when a court certifies its decision as final and appealable under Rule 54(b) based on lack of factual overlap between the claims, the certified order should “detail the lack of factual overlap between the certified and…
UDOT appealed a condemnation award arguing that Kmart’s leasehold interest had no value because the lease contained a clause that terminated the lease upon condemnation of the subject property. The Utah Supreme Court agreed with UDOT and adopted the termination…
Plaintiffs filed a class action lawsuit against a group of hospitals arguing that the Hospital Lien Statute, Utah Code § 38-7-1, requires a hospital to pay its proportional share of an injured person’s attorney fees and costs when a hospital lien…
Analyzing the scope of revisions to Rule 4(b) of the Utah Rules of Appellate Procedure, the court of appeals held that the appellant could not appeal as of right from the divorce decree under Rule 4, because the decree contemplated…
This case involved a breach of fiduciary duty claim based on a misrepresentation that the seller earned $310,000 in a single year, even though the figure was $74,000. The district court granted summary judgment based on the absence of expert…
This case came before the court as a certified question from the United States District Court of the District of Utah. At issue was whether certain Utah State University Foundations were entitled to immunity under Utah’s Governmental Immunity Act as…
The following appellate cases of interest were decided by the Utah Supreme Court.
In this case involving an appeal from the denial of a motion to suppress statements the criminal defendant made during an interview with the police, the Utah Supreme Court addressed the proper standard for evaluating whether a person is involved…
In this appeal of a denial of a motion to modify a divorce decree to terminate the alimony award to the wife in light of the husband’s recent retirement, Judge Harris concurred in the affirmance. He wrote separately in part…
