APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

UDOT v. Kmart Corp., 2018 UT 54 (Sept. 25, 2018)

Sep 25, 2018

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…

Bryner v. Cardon Outreach, LLC, 2018 UT 52 (Sept. 24, 2018)

Sep 24, 2018

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…

Chaparro v. Torero, 2018 UT App 181 (Sept. 20, 2018)

Sep 20, 2018

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…

GeoMetWatch v. Hall, 2018 UT 50 (Sept. 12, 2018)

Sep 12, 2018

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…

State v. Fullerton, 2018 UT 49 (Sept. 11, 2018)

Sep 11, 2018

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…

Armendariz v. Armendariz, 2018 UT App 175 (Sept. 7, 2018)

Sep 7, 2018

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…

MacDonald v. MacDonald, 2018 UT 48 (Sept. 5, 2018)

Sep 5, 2018

This appeal arose from a former husband’s petition to modify his former wife’s alimony award.  The district court denied the petition, applying a standard set forth in a line of cases from the court of appeals that allows a modification…

Judd v. Bowen, 2018 UT 47 (Aug. 29, 2018)

Aug 29, 2018

The supreme court revoked its grant of certiorari review after briefing and argument on the basis the criteria for certiorari set forth in Utah R. App. P. 46 were not present and certiorari had been improvidently granted.  In doing so,…