2017 UT App 1 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. DOUGLAS EWALD ISAACSON, Appellant. Memorandum Decision No. 20150591-CA Filed January 6, 2017 Third District Court, West Jordan Department The Honorable William K. Kendall No. 141400680 Counsel: Nathalie S. Skibine and Heather J. Chesnut, Attorneys for Appellant Simarjit S. Gill and Colleen […]
Category: Utah Court Opinions
MIND & MOTION UTAH INVESTMENTS, LLC v. CELTIC BANK CORP., 367 P.3d 994 (Utah 2016)
367 P.3d 994 (2016)2016 UT 6 MIND & MOTION UTAH INVESTMENTS, LLC, Appellee, v. CELTIC BANK CORPORATION, Appellant. No. 20131168.Supreme Court of Utah. January 27, 2016.996*996 Steven W. Dougherty, Troy L. Booher, Leslie Kay Rinaldi, Beth E. Kennedy, Salt Lake City, for appellant. Marcy G. Glenn, Denver, Nathan R. Runyan, Salt Lake City, for appellee. […]
THE ROYAL CONSULATE OF THE KINGDOM OF SAUDI ARABIA v. HON. PULLAN, 2016 UT 5 (2016)
2016 UT 5 THE ROYAL CONSULATE OF THE KINGDOM OF SAUDI ARABIA, Petitioner, v. THE HONORABLE DEREK PULLAN, Respondent. No. 20150643.Supreme Court of Utah. Filed January 15, 2016.Ronald J. Yengich, Salt Lake City, for petitioner Brent M. Johnson, Salt Lake City, for respondents PER CURIAM. ¶ 1 Monsour Al Shammari, who is a citizen of […]
STATE v. JONES, 365 P.3d 1212 (Utah 2016)
365 P.3d 1212 (2016)2016 UT 4 STATE of Utah, Petitioner, v. Adam Howard JONES, Respondent. No. 20140753.Supreme Court of Utah. January 11, 2016.1213*1213 Sean D. Reyes, Att’y Gen., John J. Nielsen, Asst. Att’y Gen., Salt Lake City, for petitioner. Ronald J. Yengich, Salt Lake City, for respondent. Associate Chief Justice LEE authored the opinion of […]
STATE v. McNEIL, 365 P.3d 699 (Utah 2016)
365 P.3d 699 (2016)2016 UT 3 STATE of Utah, Respondent, v. Roland McNEIL, Petitioner. No. 20130664.Supreme Court of Utah. January 6, 2016.700*700 Sean D. Reyes, Att’y Gen., Marian Decker, Asst. Att’y Gen., Salt Lake City, for respondent. Joan C. Watt, E. Rich Hawkes, Christine Seaman, Salt Lake City, for petitioner. Justice DURHAM authored the opinion […]
WESTGATE RESORTS v. ADEL & CON. PROT. GROUP, 378 P.3d 93 (Utah 2016)
No. 20131086. 378 P.3d 93 (2016) 2016 UT 24 WESTGATE RESORTS, LTD., Appellant, v. Shaun S. ADEL and Consumer Protection Group, LLC, Appellee. Supreme Court of Utah. Filed June 7, 2016. Counsel: Michael D. Zimmerman, Troy L. Booher, Noella Sudbury, Salt Lake City, Richard W. Epstein, Michael Marder, Orlando, FL, for appellant. L. Rich Humpherys, […]
RENT-A-CENTER WEST, INC. v. UTAH STATE TAX COMMISSION, 367 P.3d 989 (Utah 2016)
367 P.3d 989 (2016)2016 UT 1 RENT-A-CENTER WEST, INC., Petitioner, v. UTAH STATE TAX COMMISSION, Respondent. No. 20140129.Supreme Court of Utah. January 5, 2016.990*990 Steven P. Young, Nathan R. Runyan, Salt Lake City, for petitioner. Sean D. Reyes, Att’y Gen., Gale K. Francis, Asst. Att’y Gen., Salt Lake City, for respondent. Justice DURHAM authored the […]
MORTON INTERN., INC. v. AUDITING DIV., 814 P.2d 581 (Utah 1991)
814 P.2d 581 MORTON INTERNATIONAL, INC., PETITIONER, v. AUDITING DIVISION OF THE UTAH STATE TAX COMMISSION, RESPONDENT. No. 900325.Supreme Court of Utah. June 24, 1991. Petition for review from the Tax Commission. Page 582 Randy M. Grimshaw, Maxwell A. Miller, Richard M. Marsh, Salt Lake City, for Morton Intern. R. Paul Van Dam, Brian Tarbet, […]
NIELSEN v. SPENCER, 2008 UT App 375
196 P.3d 616 Michael Reid NIELSEN, Plaintiff and Appellee, v. Lorenzo M. SPENCER, Defendant and Appellant. No. 20070431-CA.Utah Court of Appeals. October 23, 2008. Appeal from the Second District Court, Farmington Department, Rodney S. Page, J. Page 617 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
GUARDIAN STATE BANK v. STANGL, 778 P.2d 1 (Utah 1989)
778 P.2d 1 GUARDIAN STATE BANK, A UTAH CORPORATION, PLAINTIFF AND APPELLANT, v. F.C. STANGL III, DEFENDANT AND APPELLEE. No. 20158.Supreme Court of Utah. July 13, 1989. Appeal from the District Court, Salt Lake County, Scott Daniels, J. Page 2 Stephen B. Mitchell, Salt Lake City, for plaintiff and appellant. Harold G. Christensen, George A. […]
STATE v. BEARD, 2002 UT App 209
State of Utah, Plaintiff and Appellee, v. Arden Neil Beard, Defendant and Appellant. Case No. 20000400-CA.Utah Court of Appeals. Filed June 20, 2002. (Not For Official Publication) [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Second District, Ogden Department, The Honorable Roger S. Dutson. Chad B. McKay, Ogden, […]
UTAH BOND SHARE CO. v. CHAPPEL ET AL., 68 Utah 530 (1926)
251 P. 354 UTAH BOND SHARE CO. v. CHAPPEL et al. No. 4426.Supreme Court of Utah. Decided November 10, 1926. 1. SALES — EVIDENCE HELD TO WARRANT CONCLUSION OF FRAUD IN PROCURING NOTE FOR JACK. Evidence held sufficient to warrant jury in concluding that notes given for a certain jack were procured by fraud, consisting […]
FISHER v. WRIGHT ET AL., 101 Utah 469 (1942)
123 P.2d 703 FISHER v. WRIGHT et al. No. 6421.Supreme Court of Utah. Decided March 23, 1942. 1. TAXATION. A complaint by purchaser of tax title to foreclose tax lien, which alleged facts showing tax title in purchaser, failed to state a cause of action, even if statutes affording county a method of collecting taxes […]
STATE v. HASSELBLAD, 2003 UT App 426
State of Utah, Plaintiff and Appellee, v. John Michael Hasselblad, Defendant and Appellant. Case No. 20020730-CA.Utah Court of Appeals. Filed December 11, 2003. (Not For Official Publication) [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Third District, Salt Lake Department, The Honorable Anthony B. Quinn. David V. Finlayson […]
STATE v. CASTNER, 825 P.2d 699 (Utah App. 1992)
825 P.2d 699 STATE OF UTAH, PLAINTIFF AND APPELLEE, v. WILLIAM ELUIE CASTNER, II AND BONNIE LEE CASTNER, DEFENDANTS AND APPELLANTS. No. 910275-CA.Utah Court of Appeals. January 24, 1992. Page 700 Appeal from the Eighth District Court, Duchesne County, Dennis L. Draney, J. Robert M. McRae, Vernal, for defendants and appellants. R. Paul Van Dam […]
STATE v. WALLBERG, 2008 UT App 34
State of Utah, Plaintiff and Appellee, v. James Wallberg, Defendant and Appellant. Case No. 20061024-CA.Utah Court of Appeals. Filed January 31, 2008. Not for Official Publication [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from Eighth District, Duchesne Department, 051800108 The Honorable John R. Anderson. Julie George, Salt Lake City, […]
STATE v. MITCHELL, 824 P.2d 469 (Utah App. 1991)
824 P.2d 469 STATE OF UTAH, PLAINTIFF AND APPELLEE, v. FRANCIS PRESTON MITCHELL, DEFENDANT AND APPELLANT. No. 900102-CA.Utah Court of Appeals. December 12, 1991. Page 470 Appeal from the Third District Court, Summit County, Scott Daniels, J. Kenneth R. Brown (argued), Brown Cox, Salt Lake City, for defendant and appellant. R. Paul Van Dam, State […]
RASMUSSEN v. DAVIS, 1 Utah 2d 96 (1953)
262 P.2d 488 RASMUSSEN et al. v. DAVIS et al. No. 7987.Supreme Court of Utah. October 27, 1953. Appeal from the 7th Judicial District Court, County of Sanpete, L. Leland Larson, J. Page 97 Don Mack Dalton, American Fork, Elias Hansen, Salt Lake City, for appellants. Don V. Tibbs and Dilworth Woolley, Manti, for respondents. […]
ANDERSON v. PROVO CITY CORP., 2005 UT 5
108 P.3d 701 Jerald and Bonnie ANDERSON, Michael Johnston, Sheila Johnston, Jonathan Myres, Jim Tills, Gigi Tills, Plaintiffs and Appellants, v. PROVO CITY CORP., Defendant and Appellee. No. 20030679.Supreme Court of Utah. January 21, 2005. Appeal from the Fourth District Court, Provo Department, Gary D. Stott, J. Page 702 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
KANZEE v. KANZEE, 668 P.2d 495 (Utah 1983)
668 P.2d 495 DENISE EVANS KANZEE, PLAINTIFF AND RESPONDENT, v. MICHAEL KANZEE, DEFENDANT AND APPELLANT. No. 17918.Supreme Court of Utah. January 20, 1983. Appeal from the Fourth District Court, Utah County, Allen B. Sorensen, J. Page 496 Shelden R. Carter, Provo, for defendant and appellant. Robert W. Adkins, Coalville, for plaintiff and respondent. DURHAM, Justice: […]
HOME OWNERS’ LOAN CORPORATION v. DUDLEY ET AL., 105 Utah 208 (1943)
141 P.2d 160 HOME OWNERS’ LOAN CORPORATION v. DUDLEY et al. No. 6492.Supreme Court of Utah. Decided September 7, 1943. 1. BOUNDARIES. The original location of a monument controls, and, if it is obliterated, the court is concerned in ascertaining where it was originally located.[1] 2. BOUNDARIES. A survey monument relocated by proper authority is […]
STATE v. SOLOMAN ET AL., 93 Utah 70 (1937)
71 P.2d 104 STATE v. SOLOMAN et al. No. 5829.Supreme Court of Utah. Decided August 23, 1937. 1. RIOT. Information charging defendants with having acted together and concertedly without authority of law did willfully, unlawfully, and feloniously use and threaten to use force and violence in disturbing public peace, said threat being then and there […]
STATE v. DUDLEY, 847 P.2d 424 (Utah App. 1993)
STATE of Utah, Plaintiff and Appellee, v. Kirk DUDLEY, Defendant and Appellant. STATE of Utah, Plaintiff and Appellee, v. Salvatore CALCATERRA, Defendant and Appellant. Nos. 920255-CA, 920256-CA.Utah Court of Appeals. February 5, 1993. Appeal from the Fifth District Court, J. Philip Eves, J., Washington County. Page 425 Randall T. Gaither (argued), Salt Lake City, for […]
STATE IN INTEREST OF N.H.B., 777 P.2d 487 (Utah App. 1989)
777 P.2d 487 STATE OF UTAH, IN THE INTEREST OF N.H.B., A PERSON UNDER EIGHTEEN YEARS OF AGE, APPELLANT. No. 880160-CA.Utah Court of Appeals. June 30, 1989. Appeal from the Third District Juvenile Court, Salt Lake County, Sharon P. McCully, J. Page 488 Walter F. Bugden, Jr., Salt Lake City, for appellant. R. Paul Van […]
PEREZ-LLAMAS v. UTAH COURT OF APPEALS, 2005 UT 18
110 P.3d 706 Luis PEREZ-LLAMAS, Petitioner, v. UTAH COURT OF APPEALS, and Judges Russell W. Bench, Judith M. Billings, and Pamela T. Greenwood, in their judicial capacities, Respondents. No. 20041136.Supreme Court of Utah. March 29, 2005. Page 707 Joseph Jardine, Salt Lake City, for petitioner. Brent M. Johnson, Salt Lake City, for respondents. Mark L. […]
WELLS v. WALKER BANK TRUST CO., INC., 590 P.2d 1261 (Utah 1979)
590 P.2d 1261 FRANK M. WELLS, ASSIGNEE FOR CREDITORS OF FINANCIAL SERVICE COMPANY, INC., PLAINTIFFS, v. WALKER BANK TRUST COMPANY INC., AND FIRST SECURITY BANK OF UTAH, DEFENDANTS. WALKER BANK TRUST COMPANY, THIRD-PARTY PLAINTIFF AND APPELLANT, v. GOLDEN STETTLER ET AL., THIRD-PARTY DEFENDANTS AND RESPONDENTS. No. 15750.Supreme Court of Utah. February 5, 1979. Appeal from […]
STATE v. HALLS, 150 P.3d 58 (Utah 2006)
State v. Halls. No. 20060541.Supreme Court of Utah. July 28, 2006. Appeal from the 134 P.3d 1160. Petitions for Certified Granted.
STATE IN INTEREST OF K.K.H., 610 P.2d 849 (Utah 1980)
610 P.2d 849 STATE OF UTAH IN THE INTEREST OF K.K.H., A PERSON UNDER EIGHTEEN YEARS OF AGE. No. 16562.Supreme Court of Utah. March 31, 1980. Page 850 Appeal from the Juvenile Court, Weber County, L. Kent Bachman, J. Jackson Howard of Howard, Lewis Peterson, Provo, for K.K.H. Robert B. Hansen, Atty. Gen., Sharon Peacock, […]
CODE v. UTAH DEPT. OF HEALTH, 2007 UT 43
162 P.3d 1097 Nicole H. CODE fka Nicole L. Handrahan, Petitioner, v. UTAH DEPARTMENT OF HEALTH and Utah School for the Deaf and Blind, Respondents. No. 20060372.Supreme Court of Utah. May 18, 2007. Appeal from the Second District Court, Ogden Department, Ernest W. Jones, J. Brad C. Smith, Benjamin C. Rasmussen, Ogden, for petitioner. Mark […]
STATE v. WATSON, 684 P.2d 39 (Utah 1984)
684 P.2d 39 THE STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. JOHN JOSEPH WATSON, DEFENDANT AND APPELLANT. No. 18422.Supreme Court of Utah. June 6, 1984. Appeal from the Third District Court, Salt Lake County, Jay E. Banks, J. David C. Biggs, Salt Lake City, for defendant and appellant. David L. Wilkinson, Atty. Gen., Robert N. […]
WINFIELD v. STATE, 2009 UT App 323
Carl Alton Winfield, Petitioner and Appellant, v. State of Utah, Respondent and Appellee. Case No. 20090596-CA.Utah Court of Appeals. Filed November 5, 2009. Not For Official Publication Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Third District, West Jordan Department, 060405679 The Honorable Terry L. Christiansen. […]
STATE v. SULLIVAN, 73 Utah 582 (1929)
276 P. 166 STATE v. SULLIVAN. No. 4780.Supreme Court of Utah. Decided March 7, 1929. 1. CRIMINAL LAW — TESTIMONY OF WITNESS THAT PERSON ROBBED SAID HE COULD IDENTIFY ROBBERS HELD NOT RES GESTAE, BUT ADMISSION NOT PREJUDICIAL TO DEFENDANT. In robbery prosecution, testimony that something had happened before witness had seen victim, and that […]
PETITIONS FOR CERTIORARI DENIED, 836 P.2d 1383 (Utah 1992)
Supreme Court of Utah. PETITIONS FOR CERTIORARI DENIED Docket Lower Court Title Number Date Citation or Number — — —— —- —————— George v. Lloyd ……….. 900502 12/19/91 797 P.2d 1117 Boren v. Deland ……….. 910292 2/18/92 900646-CA Gallardo v. Bolinder …… 910254 1/21/92 900049-CA Walters v. Walters …….. 910316 1/21/92 812 P.2d 64 State […]
STATE v. PYNE, 2006 UT App 23
State of Utah, Plaintiff and Appellee, v. David Mervin Pyne, Defendant and Appellant. Case No. 20050900-CA.Utah Court of Appeals. Filed January 26, 2006. (Not For Official Publication). [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Third District, West Jordan Department, 041100020 The Honorable Pat B. Brian. Josie E. […]
SCOTT v. MAJORS, 1999 UT App 139
980 P.2d 214 Steve Scott, Plaintiff and Appellee, v. Linda Majors, Defendant and Appellant. Case No. 980142-CA.Utah Court of Appeals. April 29, 1999. Appeal from the Third District, Coalville Department, The Honorable Ronald Nehring, The Honorable Pat B. Brian, The Honorable William B. Bohling. Page 215 Shawn D. Turner, Larson Kirkham, Turner, Salt Lake City, […]
CALDER v. THIRD JUDICIAL DISTRICT COURT, 2 Utah 2d 309 (1954)
273 P.2d 168 CALDER et al. v. THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY et al. MERRILL v. CALDER et al. Nos. 8155, 8159.Supreme Court of Utah. July 21, 1954. Appeal from the Third District Court, Salt Lake County, Ray Van Cott, Jr., J. Page 310 Elias Hansen, Salt Lake City, George […]
PLC LANDSCAPE CONST. v. PICCADILLY FISH ‘N CHIPS, 28 Utah 2d 350 (1972)(1972)
502 P.2d 562 PLC LANDSCAPE CONSTRUCTION, Plaintiff and Respondent, v. PICCADILLY FISH ‘N CHIPS, INC., Defendant and Appellant. No. 12607.Supreme Court of Utah. October 27, 1972. Appeal from the Second District Court, Weber County, John F. Wahlquist, J. Page 351 Strong, Poelman Fox, Harold A. Hintze, Salt Lake City, for defendant and appellant. C. DeMont […]
SEED PRODUCTS INTERN., INC. v. OWEN, 768 P.2d 973 (Utah App. 1989)
768 P.2d 973 ATLAS STOCK TRANSFER CORPORATION, PLAINTIFF, v. SEED PRODUCTS INTERNATIONAL, INC., AND JOHNSON-BOWLES AND COMPANY, INC. DEFENDANTS AND APPELLANT, v. SHARON OWEN, DEFENDANT AND RESPONDENT. No. 880247-CA.Utah Court of Appeals. January 27, 1989. Appeal from the District Court, Salt Lake County, Richard H. Moffat, J. Page 974 Elwood P. Powell, Salt Lake City, […]
SOUTHEAST FURNITURE CO. v. GRANITE HOLDING CO., 12 Utah 2d 51 (1961)
361 P.2d 1118 SOUTHEAST FURNITURE COMPANY A CORPORATION, PLAINTIFF AND RESPONDENT, v. GRANITE HOLDING COMPANY, A CORPORATION, DEFENDANT AND APPELLANT. No. 9175.Supreme Court of Utah. May 16, 1961. Appeal from the Third District Court, Salt Lake County, Stewart M. Hanson, J. Page 52 Owen Ward, Salt Lake City, for appellant. Backman, Backman Clark, Alton C. […]
STATE v. PUTNIK, 2002 UT 122
63 P.3d 91 State of Utah, Plaintiff and Respondent, v. George David Putnik, Defendant and Petitioner. No. 20010557.Supreme Court of Utah. Filed December 20, 2002. Appeal from the Third District, Tooele County, The Honorable David S. Young. Page 92 Mark L. Shurtleff, Att’y Gen., J. Frederick Voros, Jr., Asst. Att’y Gen, Salt Lake City, for […]
WEISS v. WEISS, 111 Utah 353 (1947)
179 P.2d 1005 WEISS v. WEISS. No. 6989.Supreme Court of Utah. Decided May 2, 1947. 1. DIVORCE. Domicile of at least one of parties to divorce suit in state wherein suit is brought is sine qua non to jurisdiction thereof. 2. DIVORCE. The statute authorizing court to decree dissolution of marriage contract, where plaintiff in […]
JOHNSON v. SIMONS, 551 P.2d 515 (Utah 1976)
551 P.2d 515 FLOYD A. JOHNSON AND FLOYD A. JOHNSON AS GUARDIAN AD LITEM FOR JUDITH JOHNSON, A MINOR, PLAINTIFFS AND RESPONDENTS, v. JOLENE JAYE SIMONS, A MINOR, AND DAN C. SIMONS, DEFENDANTS AND APPELLANTS. No. 14326.Supreme Court of Utah. June 18, 1976. Appeal from the Third District Court, Salt Lake County, James S. Sawaya, […]
STATE v. RICHMOND, 666 P.2d 313 (Utah 1983)
666 P.2d 313 STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. SHANNON W. RICHMOND, DEFENDANT AND APPELLANT. No. 18325.Supreme Court of Utah. June 1, 1983. Appeal from First District Court, Box Elder County; Omer J. Call, Judge. Stephen R. McCaughey, Salt Lake City, for defendant and appellant. David L. Wilkinson, Atty. Gen., Salt Lake City, for […]
McKELVEY v. HAMILTON, 2009 UT App 126
211 P.3d 390 Amber McKELVEY, individually and on behalf of Hamilton Brother’s Electric, Inc., a Utah company, Plaintiffs and Appellants, v. Stuart G. HAMILTON and Vincent Hamilton, Defendants and Appellees. No. 20080117-CA.Utah Court of Appeals. May 7, 2009. Appeal from the Fourth District Court, American Fork Department, Derek P. Pullan, J. Page 391 [EDITORS’ NOTE: […]
FARROW v. HEALTH SERV. CORP., 604 P.2d 474 (Utah 1979)
604 P.2d 474 CHESTER E. FARROW, PLAINTIFF AND APPELLANT, v. HEALTH SERVICES CORPORATION, A CORPORATION, SALT LAKE CLINIC, A PROFESSIONAL CORPORATION, LOUIS G. MOENCH, M.D., AND LOUIS J. SCHRICKER, M.D., DEFENDANTS AND RESPONDENTS. No. 15458.Supreme Court of Utah. November 27, 1979. Appeal from the Third District Court, Salt Lake County, Stewart M. Hanson, Jr., J. […]
STATE v. BESARES, 75 Utah 141 (1929)
283 P. 738 STATE v. BESARES. No. 4927.Supreme Court of Utah. Decided December 17, 1929. HOMICIDE — REFUSAL TO CHARGE THAT ACT OF SEXUAL PERVERSION, SUCH AS CUNNILINGUS, IS “DEFILEMENT” OF FEMALE, WITHIN JUSTIFIABLE HOMICIDE STATUTE, HELD ERROR; “DEFILE” (COMP. LAWS 1917, § 8032, SUBD. 4.) Where defense in prosecution for murder was that homicide […]
STATE v. WOOLLEY, 810 P.2d 440 (Utah App. 1991)
810 P.2d 440 STATE OF UTAH, PLAINTIFF AND APPELLEE, v. PAUL EDWIN WOOLLEY, DEFENDANT AND APPELLANT. No. 900012-CA.Utah Court of Appeals. April 10, 1991. Appeal from the Third District Court, Salt Lake County, J. Dennis Frederick, J. Page 441 Charles F. Loyd, Jr. and Joan C. Watt (argued), Salt Lake Legal Defenders Ass’n, Salt Lake […]
ELDER v. NEPHI CITY, 2007 UT 46
164 P.3d 1238 Nan ELDER, individually, and as personal representative of The Estate of Shelly Elder, and on behalf of Amy Elder, Jeremy Elder, Chelsey Elder, and Ryan Elder, minor children, Plaintiff and Appellant, v. NEPHI CITY, by and through Mayor Chad BROUGH, City Councilmen Mike Jones, Darren Peterson, Richard Paxman, Brent Bowles, and Jim […]
BERG v. OTIS ELEVATOR CO. ET AL., 64 Utah 518 (1924)
231 P. 832 BERG v. OTIS ELEVATOR CO. et al. No. 3991.Supreme Court of Utah. Decided September 15, 1924. Rehearing Denied December 26, 1924. 1. NEGLIGENCE — INDEPENDENT CONTRACTOR’S LIABILITY MEASURED BY OBLIGATIONS AS SUCH. Where, in installing elevator cables, defendant acted in capacity of an independent contractor, its liability was to be measured by […]
STATE v. SMITH, 728 P.2d 1014 (Utah 1986)
728 P.2d 1014 THE STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. RICHARD LOUIS SMITH, DEFENDANT AND APPELLANT. No. 19103.Supreme Court of Utah. November 19, 1986. Page 1015 Appeal from the Third District Court, Salt Lake County, Ernest F. Baldwin, Jr., J. Manny Garcia, Salt Lake City, for plaintiff and appellant. David L. Wilkinson, Atty. Gen., […]
SLATER v. SALT LAKE CITY ET AL., 115 Utah 476 (1949)
206 P.2d 153 SLATER v. SALT LAKE CITY et al. No. 7222.Supreme Court of Utah. Decided May 14, 1949. Page 477 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 478 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]
LOS ANGELES HOMEOWNERS AID v. LUNDAHL, 2010 UT App 4
Los Angeles Homeowners Aid, Inc., Plaintiff and Appellee, v. Holli Lundahl, Marlene Telford, et al., Defendants and Appellant. Case No. 20090641-CA.Utah Court of Appeals. Filed January 14, 2010. Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Fourth District, American Fork Department, 050100206 The Honorable Derek P. […]
STATE IN RE A.M. v. STATE, 2003 UT App 22
State of Utah, in the interest of A.M., R.N., and R.N., persons under eighteen years of age. C.G., Appellant, v. State of Utah, Appellee. Case No. 20020153-CA.Utah Court of Appeals. FILED February 6, 2003. (Not For Official Publication) [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Third District Juvenile, Salt Lake […]
BALLARD v. BENEFICIAL LIFE INSURANCE CO., 82 Utah 1 (1933)
21 P.2d 847 BALLARD v. BENEFICIAL LIFE INS. CO. No. 5010.Supreme Court of Utah. Decided May 3, 1933. 1. EVIDENCE. Copy of letter written by insurance company and mailed insured in due course held admissible on issue of waiver, in action on policy, where plaintiff’s counsel stated they were unable to produce original. 2. APPEAL […]
EAMES v. EAMES, 735 P.2d 395 (Utah App. 1987)
735 P.2d 395 JOAN EAMES, PLAINTIFF AND RESPONDENT, v. EMERSON EAMES, DEFENDANT AND APPELLANT. No. 860019-CA.Utah Court of Appeals. April 9, 1987. Appeal from the First District Court, Cache County, Omer J. Call, J. Page 396 George W. Preston, Harris, Preston, Gutke Chambers, Logan, for defendant and appellant. Gordon J. Low, Hillyard, Low Anderson, Logan, […]
CHATELAIN v. CHATELAIN, 2011 UT App 420
Lisa R. Chatelain, Petitioner and Appellant, v. Jeffrey D. Chatelain, Respondent and Appellee. Case No. 20110558-CA.Utah Court of Appeals. Filed December 8, 2011. Appeal from the Third District, Salt Lake Department, 994903265, The Honorable Anthony B. Quinn. Steve S. Christensen and Craig L. Pankratz, Salt Lake City, for Appellant. Kim M. Luhn, Salt Lake City, […]
STATE v. MEAD, 2001 UT 58
27 P.3d 1115 State of Utah, Plaintiff and Appellee, v. David E. Mead, Defendant and Appellant. No. 981866.Supreme Court of Utah. Filed July 10, 2001. Appeal from the Third District, Salt Lake County, The Honorable J. Dennis Frederick. Page 1116 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
DIVERSIFIED EQUITIES v. AMER. SAV. LOAN, 739 P.2d 1133 (Utah App. 1987)
739 P.2d 1133 DIVERSIFIED EQUITIES, INC., A UTAH CORPORATION, AND DAKAL, INC., A UTAH CORPORATION, PLAINTIFFS AND APPELLANTS, v. AMERICAN SAVINGS AND LOAN ASSOCIATION, ET AL., DEFENDANT AND RESPONDENT. No. 860287-CA.Utah Court of Appeals. July 22, 1987. Appeal from the District Court, Salt Lake County, J. Dennis Frederick, J. Page 1134 Jerome H. Mooney, Arthur […]
STATE v. BAUMGAERTEL, 762 P.2d 2 (Utah App. 1988)
762 P.2d 2 STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. DALE L. BAUMGAERTEL, DEFENDANT AND APPELLANT. No. 870330-CA.Utah Court of Appeals. October 5, 1988. Appeal from the Third District Court, Salt Lake County, Homer F. Wilkinson, J. James C. Bradshaw, Elizabeth Bowman, Salt Lake Legal Defenders, Salt Lake City, for defendant and appellant. David L. […]
SINGH v. JENSEN, 2002 UT App 286
Jeff Singh and Ann Singh, Plaintiffs and Appellees, v. Juanita B. Jensen and Richard M. Jensen dba R.M. Jensen Construction Co., Defendants and Appellant. Case No. 20020324-CA.Utah Court of Appeals. Filed September 6, 2002. (Not For Official Publication) [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the First District, […]
CONT. CAS. CO. ET AL. v. IND. COMM. OF UTAH ET AL., 75 Utah 220 (1929)
284 P. 313 CONTINENTAL CASUALTY CO. et al. v. INDUSTRIAL COMMISSION OF UTAH et al. No. 4856.Supreme Court of Utah. Decided December 11, 1929. Rehearing Denied January 29, 1930. 1. MASTER AND SERVANT — COMPENSATION AWARD CANNOT REST ON CONJECTURE OR POSSIBILITY. An award of compensation by Industrial Commission cannot rest on mere conjecture or […]
CALHOUN v. TOSH, INC., 2009 UT App 379
Hailey Calhoun, Plaintiff and Appellant, v. Tosh, Inc., dba Check City, a Utah corporation, Defendant and Appellee. Case No. 20090832-CA.Utah Court of Appeals. Filed December 17, 2009. Not For Official Publication Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Third District, West Jordan Department, 090401123 The […]
BOTT v. REEDER, 13 Utah 2d 166 (1962)
369 P.2d 932 MORONI BOTT, JR., PLAINTIFF AND RESPONDENT, v. A.M. REEDER, A/K/A ADOLPH M. REEDER, AND WIFE ADA M. REEDER, DEFENDANTS AND APPELLANTS. No. 9539.Supreme Court of Utah. March 27, 1962. Appeal from the First District Court, Box Elder County, Lewis Jones, J. Sherma Hansen, Brigham City, W. Eugene Hansen, Salt Lake City, for […]
STATE v. HITTLE, 2002 UT App 134
47 P.3d 101 State of Utah, Plaintiff and Appellee, v. David Hittle, Defendant and Appellant. Case No. 20000712-CA.Utah Court of Appeals. Filed April 25, 2002. Appeal from the Third District, Sandy Department, The Honorable Denise P. Lindberg. Page 102 Edward R. Montgomery, Salt Lake City, for Appellant. Mark L. Shurtleff, Kris C. Leonard, and Eric […]
SOCIETY OF PROF. JOURNALISTS v. BULLOCK, 743 P.2d 1166 (Utah 1987)
743 P.2d 1166 SOCIETY OF PROFESSIONAL JOURNALISTS, UTAH CHAPTER, AND KUTV, INC., PETITIONERS, v. HONORABLE J. ROBERT BULLOCK, DISTRICT JUDGE, RESPONDENT. No. 20595.Supreme Court of Utah. September 11, 1987. Page 1167 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1168 Spencer E. […]
GIRARD v. APPLEBY, 660 P.2d 245 (Utah 1983)
660 P.2d 245 SALLI SMITH GIRARD, PLAINTIFF, RESPONDENT, AND CROSS-APPELLANT, v. CHARLES L. APPLEBY, JR., DAVID E. WOOD, DON BJARNSON, CATHERINE R. APPLEBY, LEONE E. WOOD, GRACE BJARNSON, STEVEN ALFRED, AND BETH ALFRED, DEFENDANTS, APPELLANTS, AND CROSS-RESPONDENTS. No. 17662.Supreme Court of Utah. March 11, 1983. Appeal from the Fifth District Court, Washington County, Robert F. […]
ENERCO v. SOS STAFFING SERVICES, 2002 UT 78
52 P.3d 1272 Enerco, Inc., Plaintiff and Appellant, v. SOS Staffing Services Inc., Freeport Center Associates, Atlas Steel, Inc., L. Bloom Son Ogden, Wasatch Metal, Inc., John Does I-X and Doe corporations I-X, Defendants and Appellants. No. 20010050.Supreme Court of Utah. Filed August 9, 2002. Page 1273 Appeal from the Second District, Davis County, The […]
IN INTEREST OF R.C., 2004 UT App 280
State of Utah, in the interest of R.C., a person under eighteen years of age. R.C., Appellant, v. State of Utah, Appellee. Case No. 20040454-CA.Utah Court of Appeals. Filed August 19, 2004. (Not For Official Publication). [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Third District Juvenile, Salt […]
BOWERS v. JONES, 2008 UT App 131
Kim Bowers, Petitioner and Appellant, v. Kara Jones, Respondent and Appellee. Case No. 20080094-CA.Utah Court of Appeals. Filed April 10, 2008. Not for Official Publication [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the Fourth District, Provo Department, 078404118 The Honorable Gary D. Stott. Kim Bowers, Payson, Appellant Pro […]
STATE v. PENN, 2004 UT App 212
94 P.3d 308 State of Utah, Plaintiff and Appellee, v. Nathaniel F. Penn, Defendant and Appellant. Case No. 20030638-CA.Utah Court of Appeals. Filed June 24, 2004. Rehearing Denied July 20, 2004. Appeal from the Seventh District, Moab Department, The Honorable Lyle R. Anderson. Page 309 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
HODGES v. WESTERN PILING SHEETING CO., 717 P.2d 718 (Utah 1986)
717 P.2d 718 THEODORE HODGES, PLAINTIFF, v. WESTERN PILING AND SHEETING CO., STATE INSURANCE FUND, AND INDUSTRIAL COMMISSION OF UTAH, DEFENDANTS. No. 19248.Supreme Court of Utah. April 14, 1986. Appeal from the Industrial Commission. Page 719 Roger D. Sandack, Salt Lake City, for plaintiff. James A. Black, David L. Wilkinson, Frank V. Nelson, Gilbert Martinez, […]
McGAVIN v. McGAVIN, 27 Utah 2d 200 (1972)
494 P.2d 283 Kathleen McGAVIN, Plaintiff and Appellant, v. Ivan J. McGAVIN, Defendant and Respondent. No. 12541.Supreme Court of Utah. February 24, 1972. Appeal from the Third District Court, Salt Lake County, Gordon R. Hall, J. Page 201 Dennis F. Olsen, of Salt Lake County Bar Legal Services, Salt Lake City, for plaintiff and appellant. […]
TECHNOMEDICAL LABS v. SECURITIES DIV., 744 P.2d 320 (Utah App. 1987)
744 P.2d 320 TECHNOMEDICAL LABS, INC., A UTAH CORPORATION, AND, CONNECTIONS MARKETING CORP., A NEVADA CORPORATION (FORMERLY TPI, INC.), PLAINTIFFS AND APPELLANTS, v. UTAH SECURITIES DIVISION AND, JOHN BALDWIN, ITS DIRECTOR, UTAH DEPARTMENT OF BUSINESS REGULATION, WILLIAM E. DUNN, ITS EXECUTIVE DIRECTOR, AND THE SECURITIES ADVISORY BOARD, DEFENDANTS AND RESPONDENTS. No. 860107-CA.Utah Court of Appeals. […]
IN RE MARTIN ESTATES, 109 Utah 148 (1946)
IN RE MARTIN ESTATES. CHRISTENSEN et al. v. MARTIN et al. ON MOTION TO AMEND JUDGMENT. No. 6832.Supreme Court of Utah. February 14, 1946. LARSON, Chief Justice. A motion has been made to this court to amend or amplify the order and direction to the lower court, as contained in the opinion handed down on […]
RUSSELL v. THOMSON NEWSPAPERS, INC., 842 P.2d 896 (Utah 1992)
Shelley RUSSELL, Plaintiff and Appellant, v. THOMSON NEWSPAPERS, INC., dba The Daily Spectrum, and Kristine Messerly, Defendants and Appellees. No. 900432.Supreme Court of Utah. November 23, 1992. Appeal from the Third District Court, Salt Lake County, Richard H. Moffat, J. Page 897 B. Ray Zoll, Salt Lake City, for plaintiff and appellant. Randy L. Dryer, […]