Rehn v Christensen

Rehn appealed the denial of his motion for attorney fees and Christensen appealed partial summary judgment and a jury verdict for Rehn and the denial of his motion for judgment or new trial. The panel affirmed. As to Rehn, it held that he was not entitled to fees under the reciprocal fees statute as his suit was for slander of title not to enforce the parties retainer agreement and that he received fees for defending a counterclaim based on the agreement and that Rehn’s appeal arguing for fees under equity failed because Rehn did not mention, let alone challenge, the district court’s rationale for denying his motion. As to Christensen, the panel held he had no attorney lien as brief advice to wait to buy the property in question until after Rehn’s divorce was final was to tenuous to say that it was connected to the representation of Rehn. It held Christensen had no consensual lien because the retainer agreement only gave notice of the availability of the attorney lien statute and Christensen admitted his lien arose under statute not the agreement. It affirmed on the directed verdict denial because Christensen made numerous false statements in the notice of liens and affirmed the denial of the motion for judgment or new trial as the jury was properly instructed on fees as damages and Christensen offered no evidence to rebut Rehn’s claim for fees.

Leslie D. Mowder, LD III LLC v Simpson

Mowder appealed judgment to Simpson and another defendant on her claims arising from land purchases and denial of certain motions. The panel affirmed. It held there was no abuse of discretion in striking Mowder’s affidavit in opposition to summary judgment as it contradicted her deposition testimony and parts of it were denials rather than affirmations of fact. It held there was no error in adopting Simpson’s version of the facts on summary judgment as Mowder failed to provide any citation to depositions or other evidence in support of her version of the facts. It affirmed judgment to Simpson holding Mowder’s husband was her agent during the land purchases as proven by Mowder’s deposition and complaint and thus his knowledge was imputed to Mowder and the statutes of limitation ran before the complaint was field. It affirmed the denial of reconsideration as Mowder presented no new evidence to justify reconsideration. It finally held summary judgment to one of the sellers holding Mowder failed to provide any record citations to support her arguments on appeal.

Patterson v Knight

Knight appealed the district court order enforcing a mediated settlement agreement. The panel affirmed. It held the mediation settlement agreement contained the essential terms of how the parties would operate their business in the future and held the commissions would be split and Paterson fulfilled the condition of drafting a more formal agreement and Knight failed to negotiate the final language and attempted to cancel the agreement instead which excused the need for a final signed document.

Mike’s Smoke, Cigars & Gifts v St. George City

City appealed the district court order reversing the revocation of Mike’s business license. The panel reversed and remanded. It held the order was final order because it resolved the dispute between the parties at the district court even though it remanded to the city council for further hearings as there was nothing left for the district court to decide. It held the district court erred by applying a summary judgment standard instead of the correct substantial evidence in support of the decision standard and thus the case had to be remanded for review under the correct standard.