APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

Brand v. Paul, 2017 UT App 196 (Oct. 26, 2017).

Oct 26, 2017

Neighboring landowners each filed suit to quiet title to a strip of land adjoining their respective properties.  On appeal, the prevailing landowner argued the appellants lacked standing because they had failed to demonstrate an interest in the property.  Because the trust raised this challenge to the appellants’ standing, appellants had the burden of “demonstrat[ing] how they are aggrieved by the district court’s judgment and how possession of [the] quitclaim deed [they relied on] provides sufficient interest in the matter to invoke th[e] court’s jurisdiction.”  The appellants’ limited briefing on this issue was insufficient to carry this burden.  As a result, the court of appeals dismissed the appeal of the district court’s summary judgment ruling for lack of jurisdiction.