In this condemnation case, the court of appeals held that the district court abused its discretion in excluding evidence of damages before the close of fact and expert discovery. In a footnote, the court suggested that parties should not be…
In an appeal from dismissal of plaintiff’s claims against one of three defendants, the court of appeals determined that it lacked appellate jurisdiction because of a deficient certification order under Utah R. Civ. P. 54(b). The order stated only that…
Can you castrate a horse in self-defense? The court of appeals isn’t exactly sure, but still decided to reject defendant’s claim that he had to counter a menacing stallion named Confetti Magic by neutering the horse once and for all….
Whether each spouse realizes it or not, one often overlooked asset in the divorce proceedings is life insurance. Too often, the policy remains unchanged, and the beneficiary, the ex-spouse, may reap a windfall as a result of an unexpected death.
Holladay City approved two resolutions to enable a developer to redevelop the land on which the old Cottonwood Mall once stood. A group of Holladay citizens petitioned to subject these resolutions to vote by public referendum. Applying the test set…
The developer of a nursing home facility obtained a building permit to construct a new three-story facility. After construction was well underway, the State Fire Marshall told the developer that the third floor violated building codes, prompting the developer to…
For those of us in our 30s, one of the last things on our mind is planning for our eventual death. Whether it’s because we believe we’ll “live forever,” or because we’ll have plenty of time to think about it later, typically it is low on our priority list.
Default judgment was entered against wife for failing to appear. Husband had requested alternative service, which was approved by the district court and husband followed proper procedures for alternative service. Wife brought a Rule 60(b)(1) motion, arguing for excusable neglect…
The defendant argued that the district court erred in denying her motion to suppress, because the officer conducted a search of her driver’s license records without reasonable suspicion. Affirming, the court of appeals held that there is no reasonable expectation…
In this appeal involving a breach of contract claim, the Utah Court of Appeals clarifies the timing requirements applicable to requests for attorney’s fees under Utah R. Civ. P. 73. If liability for fees has already been established, a party…
