Lewis v Nelson

Nelson appealed the denial of his motion to amend his answer to add counterclaims. The panel affirmed holding the first motion was denied and that denial was affirmed on appeal and there was no abuse of discretion in denying the second motion as it was made four years into litigation, trail was set for the day the first motion was denied, Nelson’s pro se status was insufficient in itself to justify the delay in filing and the fact the amendment aimed at adding compulsory counterclaims did not change the outcome..

Torgerson v Talbot et al.

Torgerson appealed the dismissal of his declaratory judgment action involving specific performance of a lease arguing it was not time barred under the probate code. The panel reversed and remanded holding that under Utah Supreme Court precedent actions for specific performance of a lease are not claims under eh probate code and thus the 60 day period did to apply and the fact the district court had jurisdiction over probate issues did mean the general grant of jurisdiction over civil matters was abrogated.

State v Sanchez

Sanchez appealed his sentences. The panel affirmed holding there was no plain error as Sanchez asked to be sentenced without a presentence investigation, he did not ask for probation, the district court knew the factual basis for the no contest plea and counsel was allowed to present evidence and argument and Sanchez received concurrent sentences as requested by counsel.