UDAK Properties LLC v. Canyon Creek Commercial Center LLC, 2020 UT App 163 (Dec. 10, 2020), UDAK Properties LLC v. Spanish Fork, UT Realty LLC, 2020 UT App 164 (Dec. 10, 2020)
The court affirmed the district court’s grant of declaratory relief and attorney’s fees to UDAK in these two related appeals, concluding that UDAK unambiguously qualified as a “Responsible Owner” as that term is used in restrictive covenants binding owners of parcels in a shopping center. The court held that the defendants’ objections to the award of attorney’s fees were unpreserved because they failed to file an objection to UDAK’s affidavit of fees within seven days as required by Utah R. Civ. P. 73(d). The court further held that a defendant’s filing of a photocopy of a check that it never delivered was not a valid tender of money judgment under Utah Code § 78B-5-802 because it was not an “actual production” of the money.