Category: Utah Court Opinions

395 P.2d 829 DAN B. SHIELDS, PLAINTIFF, v. LAMONT F. TORONTO, SECRETARY OF STATE OF THE STATE OF UTAH, DEFENDANT. No. 10202.Supreme Court of Utah. October 15, 1964. Page 62 Bryce E. Roe, Salt Lake City, for plaintiff. A. Pratt Kesler, Atty. Gen., Salt Lake City, for defendant. CROCKETT, Justice. On July 30, 1964, the […]

150 P.2d 768 ALLEN v. CARLQUIST et al. No. 6678.Supreme Court of Utah. Decided July 20, 1944. Rehearing denied September 1, 1944. 1. JUDGMENT. In action on a judgment based on a note executed for payment of taxes in a transaction for sale of land, where purchaser claiming misrepresentation paid a compromise price for the […]

STATE of Utah, Plaintiff and Appellee, v. Debra BROWN, Defendant and Appellant. No. 960041.Utah Court of Appeals. October 24, 1997. Appeal from the First District Court, Cache County, Gordon J. Low, J. Page 338 Jan Graham, Atty. Gen., J. Frederic Voros, Jr., Asst. Atty. Gen., Salt Lake City, for plaintiff and appellee. John T. Caine, […]

358 P.2d 93 GORDON S. LITTLE, PLAINTIFF AND APPELLANT, v. GEORGE BECKSTEAD, SHERIFF OF SALT LAKE COUNTY, DEFENDANT AND RESPONDENT. No. 9216.Supreme Court of Utah. January 4, 1961. Appeal from the Third District Court, Salt Lake County, A.H. Ellett, J. Page 271 Clark Clark, Salt Lake City, for appellant. Grover A. Giles, County Atty., Richard […]

Lawanna W. STEENBLIK, individually and as trustee of the Lawanna W. Steenblink Family Trust Plan, Plaintiff and Appellee, v. Zephor Advisor, Inc., and Debra Rasmussen, Difendant and Appellant. No. 930358.Supreme Court of Utah. November 3, 1995. Appeal from the Second District Court, Davis County, Jon M. Memmott, J. Page 873 L. Rich Humpherys and David […]

813 P.2d 1213 LAYTON CITY, PLAINTIFF AND APPELLEE, v. FRANK R. ARAGON, DEFENDANT AND APPELLANT. No. 900247-CA.Utah Court of Appeals. June 13, 1991. Appeal from the Circuit Court, Layton Department, K. Roger Bean, J. Larry N. Long (argued), and Craig Cook (argued), Salt Lake City, for defendant and appellant. Steven Garside (argued), Asst. City Atty., […]

BOARD OF EQUALIZATION OF SALT LAKE COUNTY, State of Utah, Petitioner, v. FIRST SECURITY LEASING COMPANY and Utah State Tax Commission, Respondents. No. 930229.Supreme Court of Utah. August 31, 1994. Jan Graham, Atty. Gen. and Kelly W. Wright, Asst. Atty. Gen., Salt Lake City, for Utah State Tax Com’n. David E. Yocom and Mary Ellen […]

Richardson v. Richardson. No. 20070578.Supreme Court of Utah. October 23, 2007. Appeal from the 060575. Petitions for Certiorari Granted.

369 P.2d 290 HATTIE DE VAS, PLAINTIFF AND RESPONDENT, v. BRACK HOWARD NOBLE AND ANN C. NOBLE, DEFENDANTS AND APPELLANTS. No. 9478.Supreme Court of Utah. February 27, 1962. Appeal from the Second District Court, Davis County, John H. Wahlquist, J. Page 134 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

570 P.2d 687 MARVIN A. MELVILLE ET AL., PLAINTIFFS AND APPELLANTS, v. SALT LAKE COUNTY, A BODY POLITIC, ET AL., DEFENDANTS AND RESPONDENTS. No. 14786.Supreme Court of Utah. October 13, 1977. Appeal from the Third District Court, Salt Lake County, Gordon R. Hall, J. Joseph S. Knowlton, Salt Lake City, for plaintiffs and appellants. R. […]

18 P.3d 1137 George E. Brown, Jr., Plaintiff and Appellant, v. Carl Wanlass; Debbie Hansen; Gary Caldwell; Cindy Walker; Shauna Thomas; Ken Smith; Terry V. Fox; Marta Murvosh; Michael Patrick; The Daily Herald a corporation; The Pulitzer Community Newspapers, Inc., a corporation; and John Does 1-75, Defendants and Appellees. Case No. 990932-CA.Utah Court of Appeals. […]

90 P.3d 637 Keith Carter, Plaintiff and Appellant, v. D. Stephen Sorensen, Defendant and Appellee. No. 20020688.Supreme Court of Utah. Filed April 20, 2004. Sixth District, Panguitch, The Honorable David L. Mower. James R. Hasenyager, Ogden, for plaintiff. Richard K. Chamberlain, Richfield, for defendant. WILKINS, Justice: ¶ 1 Keith Carter appeals the trial court’s dismissal […]

657 P.2d 251 Q. FORD WILSON AND MARILEE W. WILSON, ET AL., PLAINTIFFS AND APPELLANTS, v. ALAN B. MANNING, CITY RECORDER, CITY OF FRUIT HEIGHTS, DEFENDANT AND RESPONDENT. No. 18541.Supreme Court of Utah. October 27, 1982. Appeal from the Second District Court, Davis County, J. Duffy Palmer, J. Curtis J. Drake, Salt Lake City, for […]

Meredith A. GIBSON, Petitioner, v. DEPARTMENT OF EMPLOYMENT SECURITY and U S WEST Communications, Inc. Respondents. No. 910727-CA.Utah Court of Appeals. August 17, 1992. Appeal from the Board of Review of Industrial Commission. Page 781 M. David Eckersley and Samuel Alba, Salt Lake City, for petitioner. Floyd A. Jensen, Salt Lake City, for respondent U.S. […]

571 P.2d 1349 LAVINA EVANS AUERBACH, PLAINTIFF AND RESPONDENT, v. FREDERICK FOX AUERBACH, DEFENDANT AND APPELLANT. No. 15030.Supreme Court of Utah. November 9, 1977. Appeal from the Third District Court, Salt Lake County, Dean E. Conder, J. Ted D. Smith, M. Byron Fisher, Salt Lake City, for defendant and appellant. B.L. Dart, Jr., Salt Lake […]

425 P.2d 781 THE STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. RAYMOND DODGE, DEFENDANT AND APPELLANT. No. 10771.Supreme Court of Utah. March 22, 1967. Appeal from the District Court, Weber County, Charles G. Cowley, J. Page 45 Raymond Dodge, pro se. Phil L. Hansen, Atty. Gen., Gerald G. Gundry, Asst. Atty. Gen., Salt Lake City, […]

65 P.2d 642 HENDRICKS v. HENDRICKS. No. 5629.Supreme Court of Utah. Decided March 6, 1937. DIVORCE. Where husband appealed from judgment that he was in arrears of alimony and sought modification of decree, wife held entitled to be allowed, as costs for her defense of the action in the Supreme Court including her attorney’s fees, […]

100 P.3d 267 STATE of Utah, Plaintiff and Appellee, v. Larry Niel BECKSTEAD, Defendant and Appellant. No. 20030217-CA.Utah Court of Appeals. September 30, 2004. Appeal from the Second District Court, Ogden Department, Ernie W. Jones, J. Page 268 Randall W. Richards, Richards Caine Allen, Ogden, for Appellant. Mark L. Shurtleff, Attorney General and Marian Decker, […]

Hillci’esl Inv. v. Sandy City. No. 20100679.Supreme Court of Utah. October 27, 2010. Appeal from the 238 P.3d 1067. Petitions for Certiorari Denied.

166 P.3d 608 STATE of Utah in the interest of C.L., D.S., and R.S., persons under eighteen years of age. Office of the Guardian ad Litem, Petitioner, v. A.M.K., Respondent. No. 20060441.Supreme Court of Utah. July 10, 2007. Appeal from the Juvenile Court, Third District, Salt Lake Department, Charles D Behrens, J. Page 609 Mark […]

71 P.2d 185 BURGESS et al. v. COLBY et al. No. 5885.Supreme Court of Utah. Decided September 3, 1937. 1. DEEDS. WATERS AND WATER COURSES. In suit to cancel deed to realty and assignments of water stock, allegation that grantor was of unsound mind to such an extent as to be wholly incapable of transacting […]

22 P.3d 784 John C. Sittner, Appellant, v. Karen H. Schriever Bruce Gildea, Shirlynn Gildea, and Joy Hale, Appellees. Case No. 971759-CA.Utah Court of Appeals. Filed March 29, 2001. (For Official Publication) Appeal from the Third District, Salt Lake Department, The Honorable Homer F. Wilkinson. Page 785 L. Benson Mabey, Salt Lake City, for Appellant. […]

246 P.2d 996 PETERSON et al. v. ELDREDGE. No. 7768.Supreme Court of Utah. Decided August 5, 1952. Appeal from the Third Judicial District Court, Salt Lake County Clarence E. Baker, J., Judgment affirmed. Page 97 Ben E. Roberts, Salt Lake City, for appellant. McCullough, Boyce McCullough, Salt Lake City, for respondents. HENRIOD, Justice. Appeal from […]

749 P.2d 637 TRAIL MOUNTAIN COAL COMPANY, A CALIFORNIA CORPORATION, PLAINTIFF AND RESPONDENT, v. ARCO COAL SALES COMPANY, A DELAWARE CORPORATION, AND BEAVER CREEK COAL COMPANY, A DELAWARE CORPORATION, DEFENDANTS, THIRD-PARTY PLAINTIFFS AND APPELLANTS, v. NEVADA POWER COMPANY, A CORPORATION, THIRD-PARTY DEFENDANT AND RESPONDENT. No. 860636.Supreme Court of Utah. January 7, 1988. Page 638 Appeal […]

672 P.2d 404 STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. ALLEN S. HUTCHINGS, DEFENDANT AND APPELLANT. No. 18949.Supreme Court of Utah. October 20, 1983. Appeal from the Fourth District Court, Utah County, David Sam, J. Arthur L. Keesler, Jr., American Fork, for defendant and appellant. David L. Wilkinson, Atty. Gen., Salt Lake City, for plaintiff […]

The KEARNS-TRIBUNE CORPORATION (publisher of the Salt Lake Tribune) and KUTV (Channel 2), Petitioners, v. The Honorable Kimberly K. HORNAK, a Judge in the Third District Juvenile Court, State of Utah, Salt Lake County, Respondent. No. 960265-CA.Utah Court of Appeals. May 7, 1996. Page 80 Syllabus by the Court:[1] We hold that under section 78-3a-511 […]

542 P.2d 1081 CHARLES HEINLIN, PLAINTIFF AND APPELLANT, v. SAMUEL W. SMITH, WARDEN, UTAH STATE PRISON, DEFENDANT AND RESPONDENT. No. 14083.Supreme Court of Utah. November 14, 1975. Appeal from the Third District Court, Salt Lake County, Stewart M. Hanson, Jr., J. Page 1082 Thomas A. Jones, Salt Lake City, for plaintiff and appellant. Vernon B. […]

269 P.2d 847 LINDNER v. UTAH SOUTHERN OIL CO. No. 8045.Supreme Court of Utah. April 26, 1954. Appeal from the Third District Court, Salt Lake County, David L. Lewis, J. Page 75 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 76 Elliott […]

STATE of Utah, Plaintiff and Appellee, v. Albert ROSS, Defendant and Appellant. No. 970015-CA.Utah Court of Appeals. December 26, 1997. Appeal from the Second District Court, Farmington Department, Glen R. Dawson, J. Page 237 Scott L. Wiggins, Salt Lake City, for Defendant and Appellant. Jan Graham and Barnard N. Madsen, Salt Lake City, for Plaintiff […]

The WORLD PEACE MOVEMENT OF AMERICA, an unincorporated association, and Israel K. Malupo, Plaintiffs and Appellants, v. NEWSPAPER AGENCY CORPORATION, INC., Defendant and Appellee. No. 920507.Supreme Court of Utah. July 27, 1994. Appeal from the District Court, Salt Lake County, Homer F. Wilkinson, J. Page 254 Brian M. Barnard, John Pace, Salt Lake City, for […]

612 P.2d 341 AIRD INSURANCE AGENCY, A UTAH CORPORATION, PLAINTIFF AND APPELLANT, v. ZIONS FIRST NATIONAL BANK, DEFENDANT AND RESPONDENT. No. 16539.Supreme Court of Utah. May 22, 1980. Appeal from the Third District Court, Salt Lake County, Christine M. Durham, J. Page 342 Clifford V. Dunn, Salt Lake City, for plaintiff and appellant. Gifford W. […]

657 P.2d 755 STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. KERRY J. TUCKER, DEFENDANT AND APPELLANT. No. 17944.Supreme Court of Utah. December 29, 1982. Appeal from the Third District Court, Salt Lake County, Bryant H. Croft, J. Page 756 James A. Valdez, Salt Lake City, for defendant and appellant. David L. Wilkinson, Salt Lake City, […]

327 P.2d 253 VINAL MILLETT, PLAINTIFF AND RESPONDENT, v. GLORIA LANGSTON, DEFENDANT AND APPELLANT. No. 8750.Supreme Court of Utah. June 30, 1958. Appeal from the Third Judicial District Court, Salt Lake County, A.H. Ellett, J. Page 16 H. Byron Mock, Robert L. Cranmer, Robert L. Schmid, Salt Lake City, for appellant. Dansie Ellett, Murray, for […]

784 P.2d 1210 REGIONAL SALES AGENCY, INC., A UTAH CORPORATION, PLAINTIFF, APPELLANT, AND CROSS-RESPONDENT, v. ROLAND W. REICHERT, DEFENDANT, RESPONDENT, AND CROSS-APPELLANT. No. 880246-CA.Utah Court of Appeals. November 24, 1989. Appeal from the Third District Court, Salt Lake County, Pat B. Brian, J. Page 1211 Bryce E. Roe, Salt Lake City, for plaintiff, appellant and […]

225 P.3d 880 Judson v. Wheeler RV. No. 20090938.Supreme Court of Utah. January 28, 2010. Appeal from the 080688. Petitions for Certiorari Granted.

200 P.3d 674 STATE of Utah, Plaintiff and Appellee, v. Edward Allen BUCK, Defendant and Appellant. No. 20070534-CA.Utah Court of Appeals. January 2, 2009. Appeal from the Third District, West Jordan Department, Terry L. Christiansen, J. Page 675 Lori J. Seppi and Stephen W. Howard, Salt Lake City, for Appellant. Mark L. Shurtleff, Atty. Gen., […]

STATE of Utah, Plaintiff and Appellee, v. Mark Joseph BAKER, Defendant and Appellant. No. 910650-CA.Utah Court of Appeals. November 2, 1994. Appeal from the Third District Court, Salt Lake County, Homer F. Wilkinson, J. Page 1281 Robert K. Heineman, Salt Lake Legal Defender Ass’n, Salt Lake City, for appellant. Jan Graham, State Atty. Gen., J. […]

334 P.2d 564 SINDA BURRASTON WILKINSON, APPELLANT, v. SARAH B. WHITE, RESPONDENT. No. 8930.Supreme Court of Utah. January 22, 1959. Appeal from the Sixth District Court, Sevier County, John L. Sevy, Jr., J. Page 337 Grant Macfarlane, Salt Lake City, Gustin, Richards Mattsson, John T. Vernieu, Richfield, for appellant. Olsen Chamberlain, Richfield, for respondent. CROCKETT, […]

HEBER CITY CORPORATION, a municipal corporation, Plaintiff and Appellee, v. Lowell R. SIMPSON and Sandra S. Simpson, husband and wife, and Jay Simpson and Glenna R. Simpson, husband and wife, Defendants and Appellants. No. 960029.Supreme Court of Utah. June 17, 1997. Appeal from the District Court, Salt Lake City, Boyd L. Park, J. Page 308 […]

333 P.2d 628 UNIVERSAL C.I.T. CORPORATION, PLAINTIFF AND APPELLANT, v. COURTESY MOTORS, INC., DEFENDANT AND RESPONDENT. No. 8877.Supreme Court of Utah. January 2, 1959. Page 276 Appeal from the Third Judicial District Court, Salt Lake County, Aldon J. Anderson, J. Page 277 George E. Bridwell, Salt Lake City, for appellant. McKay Burton, Macoy A. McMurray, […]

State v. Adams. No. 20070972.Supreme Court of Utah. February 21, 2008. Appeal from the 060784. Petitions for Certiorari Denied.

21 P.3d 249 STATE of Utah, Plaintiff and Appellee, v. Angela TURNBOW, Defendant and Appellant. Case No. 990849-CA.Utah Court of Appeals. Filed March 1, 2001. Appeal from the Fifth District, St. George Department, The Honorable G. Rand Beacham. Page 250 Kenneth L. Combs, St. George, for Appellant. Mark L. Shurtleff and Marian Decker, Asst. Atty. […]

740 P.2d 300 KAREN HILLIER, PLAINTIFF AND RESPONDENT, v. WILLIAM J. LAMBORN, DEFENDANT AND APPELLANT. No. 860030-CA.Utah Court of Appeals. August 5, 1987. Rehearing Denied August 28, 1987. Appeal from the Davis County District Court, Douglas L. Cornaby, J. Page 301 Gary B. Ferguson, Michael K. Mohrman, Richards, Brandt, Miller Nelson, Salt Lake City, for […]

Rolf TIEDE, individually and as guardian of Patricia Tiede and Shawn Rolf Tiede, Linae Tiede, Sue Ellen Reeder, Barbara Noriega, Claudia Goates, and Kenneth Tidwell, Plaintiffs and Appellants, v. STATE of Utah, Utah State Department of Corrections, Fremont Community Center, Orange Street Community Center, Von Taylor, Edward Deli, and John Does I-V, Defendants and Appellees. […]

656 P.2d 1003 M. DALE BECKSTEAD AND DWIGHT W. PETERSON DBA D D RENTAL, PLAINTIFFS AND RESPONDENTS, v. ALVIN R. SMITH DBA AL SMITH CONSTRUCTION COMPANY, DEFENDANT AND APPELLANT. No. 17321.Supreme Court of Utah. November 30, 1982. Appeal from the Third District Court, Salt Lake County, Peter F. Leary, J. Alvin R. Smith, pro se. […]

Barbara HILL, Plaintiff and Appellee, v. Steve HILL, Defendant and Appellant. No. 920669-CA.Utah Court of Appeals. February 4, 1994. Appeal from the First District Court, Cache County, Gordon J. Low, J. Shelden R. Carter, Brook J. Sessions (argued), Carter, Phillips Wilkinson, Provo, for defendant and appellant. Lyle W. Hillyard (argued), Hillyard, Anderson Olsen, Logan, for […]

157 P.2d 271 TANNER v. PROVO RESERVOIR CO. et al. No. 6708.Supreme Court of Utah. Decided March 28, 1945. 1. APPEAL AND ERROR. In suit to determine priority in water rights, holding of Supreme Court in prior appeal that plaintiff was estopped to deny that the water rights of defendant were for a certain number […]

991 P.2d 1118 STATE of Utah, In the Interest of R.A.J., a person under the eighteen years of age. T.L.W. and S.K.J., Appellees, v. Office of the Guardian Ad Litem, Appellant. No. 981752-CA.Utah Court of Appeals. November 12, 1999. Appeal from Second District Juvenile, Ogden Department, the Honorable J. Mark Andrus. Page 1119 Martha Pierce, […]

239 P.3d 524 Shirlene OSTERMILLER, Petitioner, Appellee, and Cross-appellant, v. David G. OSTERMILLER, Respondent, Appellant, and Cross-appellee. No. 20070589-CA.Utah Court of Appeals. August 12, 2010. Appeal from the First District Court, Logan Department, Gordon J. Low, J. Page 525 Paige Bigelow, Salt Lake City, for Appellant and Cross-appellee. Marlin J. Grant, Logan, for Appellee and […]

28 P.3d 686 Kearns-Tribune Corporation, (Salt Lake Tribune), Plaintiff and Appellee, v. Salt Lake County Commission (Brent Overson, Mary Callaghan and Randy Horiuchi) Defendant and Appellant. No. 991011.Supreme Court of Utah. Filed June 29, 2001. Appeal from the Third District, Salt Lake, The Honorable Sandra Peuler. Page 687 Michael Patrick O’Brien, Deno G. Himonas, Jeremy […]

745 P.2d 1255 STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. GREGORY ASHE, MOLLY ANN GLASER, AND KENNETH MARTIN CRICKS, DEFENDANTS AND APPELLANTS. No. 19809.Supreme Court of Utah. November 12, 1987. Page 1256 Appeal from the Third District Court, Summit County, Timothy R. Hanson, J. David L. Wilkinson, J. Stephen Mikita, Salt Lake City, for plaintiff […]

12 P.2d 758 UNITED STATES BOND FINANCE CORPORATION v. NATIONAL BUILDING LOAN ASS’N OF AMERICA (O’NEILL et al., Interveners). No. 5094.Supreme Court of Utah. Decided July 5, 1932. 1. CONTRACTS. If agents had authority to bind corporation and did so as finalty, place where they entered into agreement held place where contracts were made, even […]

133 P.2d 333 GRIFFIN v. PRUDENTIAL INS. CO. OF AMERICA No. 6507.Supreme Court of Utah. Decided January 25, 1943. 1. INSURANCE. In action to recover on double indemnity provision of life policy, evidence showing death was due to a fall, without showing how fall came about, was sufficient for jury on question as to whether […]

FIRE INSURANCE EXCHANGE, Plaintiff and Appellee, v. Lynal ROSENBERG, Defendant and Appellant. No. 960479-CA.Utah Court of Appeals. January 9, 1997. Appeal from the Second District Court, Ogden Department, Michael J. Glasmann, J. Page 1203 Christopher L. Shaw and Sharon S. Sipes, Ogden, for Defendant-Appellant. Lewis B. Quigley and J. Benjamin Tyler, Salt Lake City, for […]

81 P.3d 783 State of Utah, Plaintiff and Appellee, v. Laura Dable, Defendant and Appellant. Case No. 20020096-CA.Utah Court of Appeals. Filed November 14, 2003. Appeal from the First District, Randolph Department, The Honorable Clint S. Judkins. Page 784 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]