Timothy v Pia, Anderson, Dorrius, Reynard& Moss, LLC

Timothy appealed summary judgment to Pia rejecting their fraudulent transfer and civil conspiracy claims. The panela affirmed. The panel held that the federal bankruptcy avoidance control and dominion test applies to fraudulent transfer claims under Utah Code 25-6-1 to -14 as -1 to -14 are derived for the uniform fraudulent transfer act, the commentary to the uniform act states the transferee rule is derived from the federal bankruptcy code and federal and state courts in situations like this case where money is put into a law firm trust account and the distributed have held the firm is not a transferee, these outcomes are persuasive  an consistent with the language and purpose of the uniform act and -1 to -14. It held the money placed in Pia’s trust account here belonged to Pia’s client and thus was not in the dominion or control of Pia and thus not subject to -1 to -14 and the panel declined to adopt a bad faith exception as there is no textual basis for such an exception. It finally held that if civil conspiracy was a viable theory under Utah law, Timothy failed to plead a claim as there was no fraudulent transfer here.

Sandusky v Sandusky

Husband appealed the denial of his motion o bifurcate and the property division and alimony provisions in the decree. The panel affirmed. It held there was no abuse of discretion in denying the motion as the parties disagreed about whether the separation agreement here was a separate issue and whether bifurcation would improve the odds of settlement. It affirmed the property division as husband’s argument about the parties’ savings and checking accounts was inadequately briefed; that husband was in fact awarded the proceeds from certain property as his separate property and thus there is no error; and husband failed to prove clear error in the finding that certain loans were marital property. It affirmed the alimony award as consistent with the language of the separation agreement. It held the decree as a whole was equitable based on the findings of the district court. It held husband failed to preserve his argeutmns about his motion for a new trial. It held there was no error in denying husband’s motion for attorney fees at trial as husband did not discuss the relevant statute in his briefing and denied wife’s motion for fees on appeal as husband’s appeal was not frivolous.

MGC Southern LLC v Veracity Networks LLC v Christensen

Veracity appealed summary judgment to MGC its breach of fiduciary duty affirmative defense on standing gourds and MGC appealed the amount of damages awarded to it. The panel reversed and vacated as to the standing issue and did not reach MGC’s claims. It held Veracity had standing to defend against MGC breach of lease claim as it had a personal stake in the litigation, had assumed the lessee’s duties and would be harmed if damages were awarded. It held the defense and counterclaims were assigned to Veracity by the original lessee as MGC admitted the claims and defense were assigned and thus summary judgment here was error and all the orders of the district court must be vacated and the case remanded for further proceedings.

State v Garcia

On reamed from the Utah Supreme Court, the panel affirmed Garcia’s attempted murder conviction holding any error in the arson definition in the jury instructions was not prejudicial given the Supreme Court decision that there was no prejudice in legally inaccurate imperfect self-defense instruction as evidence of intent to kill overwhelmed evidence of imperfect self-defense

State v Millerberg

Millerberg appealed his conviction argued ineffective assistance of counsel. The panel affirmed. It held there was no ineffective assistance as to a motion to change venue as the motion was made, counsel actively participated in voir dire and Millerberg provided no evidence any of the jurors were biased; none as to computer log in records as they were obtained during trial but were neither relevant or exculpatory; and none in failing to make a motion for directed verdict as there evidence Millerberg injected rugs into victim and victim died as a consequence.