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Miller v. Miller, 2020 UT App 171 (Dec. 24, 2020)

Dec 24, 2020

In this divorce, the district court dismissed a petition to modify for both failure to state a claim and failure to employ dispute resolution procedures.  The court of appeals reversed the rule 12(b)(6) dismissal on the basis that the lower court abused its discretion by weighing change-in-circumstance evidence.  Additionally, the court of appeals held that the district court erred in dismissing the petition for failure to engage in the dispute resolution process, where the issue was raised sua sponte by the court during a hearing without notice or an adequate opportunity to prepare for or brief the issue.