Fuja v. Adams, 2021 UT App 55 (May 27, 2021)

This appeal arose from a property dispute between neighbors, where the plaintiff obtained a preliminary injunction halting the defendant’s construction of a new home. After a bench trial, the district court held that the injunction had been improvidently granted, but it denied the defendant’s post-trial application for damages caused by the injunction which were not raised in the pleadings or sought earlier in the proceeding. As a matter of first impression, the court of appeals held that a party may seek damages for a wrongful injunction under Rule 65A(c) by motion in the same case in which the injunction was imposed, and that the claim may be stated for the first time after a court has declared the injunction wrongful.