Scott Anderson Trucking v. Nielson Construction, 2020 UT App 43 (Mar. 19, 2020)
Mar 19, 2020
The appellee argued that the appellant had waived its right to appeal because it had fully satisfied the district court’s monetary judgment against it. Applying the exception articulated in Utah Resources International, Inc. v. Mark Technologies Corp., 2014 UT 59, 342 P.3d 761, the court held the appellant had not waived its appeal rights by paying the judgment: “Buyer tendered payment to Seller with letters stating that the payments were for the purpose of ‘abating interest’ and that ‘[i]n making such a partial payment, [Buyer] fully and completely reserves its right of appeal.’” This was sufficient to make the appellant’s intention of preserving its right to appeal clear in the record.