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Mota v. Mota, 2016 UT App 201 (Sept. 22, 2016)

Sep 22, 2016

In this appeal from the denial of an ex-husband’s motion to dismiss a protective order that his ex-wife had obtained against him, the Utah Court of Appeals considered whether the ex-husband had properly preserved his arguments for appeal. The ex-husband had failed to object to the commissioner’s recommendation that the protective order remain in place. The court agreed with the ex-husband that the procedure for filing an objection to a commissioner’s order outlined in Utah R. Civ. P. 108 is optional. The husband accordingly was not required to file an objection in order to preserve his right to appeal. But, the failure to file an objection limited the ex-husband’s ability to challenge the factual basis of the commissioner’s decision on appeal.