Utah Court of Appeals reverses and remands parts of a divorce decree; affirms object rape conviction and issues one other decision.

Shuman v Shuman Husband appealed the child custody and property division provisions of the divorce decree. The panel affirmed in part, reversed in part. It affirmed as to child custody as husband ignored most of the…


Divided Utah Supreme Court holds all vehicles covered for liability purposes in a policy that also provides underinsured motorist coverage are also covered by the underinsured motorist in the policy.

Dircks v The Travelers Indemnity Company of America The United States District court for Utah certified the question of whether an insurance policy which covers vehicles for liability purposes also cover those vehicles…


Utah Supreme Court affirms dismissal of shareholder suit alleging director misconduct.

Rawcliffe v Anciaux, et al. Rawcliffe appealed the dismissal of his shareholder suit alleging violations of fiduciary duties and corporate waste by creating a spring-loaded stock settled stock appreciation rights plan…


Utah Supreme Court rejects petition for extraordinary relief in initiative ballot title case.

Zonts et al. v Pleasant Grove City Zonts and other initiative proponents sought extraordinary relief in their challenge to the City prepared ballot title. The Court denied the petition and issued an opinion holding…


Utah Court of Appeals reverses termination of corrections officer; reverses dismissal of drug charge at preliminary hearing and affirms consecutive sentences.

Burgess v Department of Corrections Burgess sought judicial review of Department’s decision to terminate him. The panel reversed and remanded. It held there was substantial evidence to support the finding of exercising…


10th Circuit affirms denial of motion to vacate sentence; holds sorting, crushing then using removed materials for foundation of wind turbines on Tribal land was mining; and reverses summary judgment granted on legal theory not made by prevailing party.

United States v Snyder Snyder appealed the denial of his motion to vacate his sentence. The panel, with one judge concurring in result, affirmed. The majority reversed the district court’s timeliness ruling holding that…


Utah Court of Appeals affirms theft convictions; affirms drug and related convictions; affirms burglary and related convictions; affirms drug and firearms convictions; affirms kidnapping and related convictions; affirms drunk driving murder conviction; and issues two other decisions.

State v Bruun and Diderickson Brunn and Diderickson appealed their theft and racketeering convictions and the restitution portion of their sentences. The panel affirmed. It held the operating agreement of the limited…


Utah Supreme Court identifies when an unpreserved or waived issue on appeal may be addressed sua sponte by it or the Utah Court of Appeals.

State v Johnson The State sought review of the Utah Court of Appeals decision to reach an issue sua sponte and reverse Johnson’s murder conviction. The Court, with Justice Lee concurring in judgment, reversed. The…


Utah Supreme Court holds insurance companies can contract for broader subrogation rights than those granted at common law and holds actual notice of appeal no substitute for obtaining a stay or filing lis pendis.

Wilson v Educators Mutual Insurance Association Association sought review of the Utah Court of Appeals decision that it lacked standing to bring a subrogation suit in its own name. The Court reversed. It held that Utah…