Robinson v. Robinson, 2016 UT App 33 (Feb. 19, 2016)

Parallel to the parties’ divorce proceeding, husband sued wife and third parties for fraud, breach of fiduciary duty, and civil conspiracy. The district court granted defendants’ motion to dismiss and motion for summary judgment. The Utah Court of Appeals affirmed. The decision touches on fraud claims in post-divorce actions, the standard for pleading fraud with particularity, and the applicable statute of limitations. Of interesting note, husband argued wife owed a fiduciary duty, because she provided accounting services. The appellate court disagreed. Assuming without deciding whether a fiduciary relationship can arise in a marriage, the Court of Appeals applied the traditional test and held husband failed to state a claim for breach of fiduciary duty, where his Complaint only alleged wife provided accounting services.