Mardanlou v Ghaffarian

Ghaffarian appealed an order purporting to clarify a judgment against it and requiring additional payments to Mardanlou. The panel vacated the order. It held that the district court lost jurisdiction over the judgment once it was unconditionally affirmed by the Court of Appeals and the order amended the judgment instead of enforced by granting Mardanlou rental income accrued after the judgment was entered in contradiction of the plain language of the judgment. The panel also vacated as void the district court’s ruling finding the partnership between the parties continued to exist as it had no jurisdiction to rule on the matter of winding up any partnership as that issue was not in the final judgment affirmed on appeal.

Dao Trang Phap Hoa v Vietnamese Unified Buddhist Association of Utah

Association appealed summary judgment to Hoa awarding title to a temple. The panel affirmed holding that Association lacked standing to assert a constructive trust over the temple’s title as the beneficiary of any such trust would be a different corporation and Association is not an agent or otherwise authorized to assert the different corporations rights.

Weber v Mikarose, LLC

Mikarose appealed the attorney fee award granted to Weber. The panel affirmed. It held that neither the low amount in controversy nor the simplicity of the issues prevented an award here particularly as Mikarose chose to extend the litigation though filing numerous motions. It also held that given Mikarose’s refusal to provide discovery even after and order to compel was field, there was no abuse of discretion in awarding attorney fees as a sanction. It finally held that two rule 60(b) motions were properly denied as Mikarose made no effort to monitor the mail as the discovery motions were being decided and thus could not prove diligence.

State v Peterson

Peterson appealed his sex abuse and rape convictions. The panel affirmed. It held that the child victim’s testimony that Peterson put his finger in her private area, used a vibrator on her and put something that felt like skin in her private after she heard a zipper being opened was sufficient to prove the rimes when combined with DNA evidence and testimony that Peterson watched the girl and lived with the child’s mother. A serrate conviction for witness tampering was affirmed as child testified Peterson threatened to kill her if she reported the abuse to her mother.

Baker v Labor Commission

Baker filed a petition for review in the district court challenging the wage claim ruling against it. Commission moved to dismiss as moot relying on a letter withdrawing the claim field with Commission after the petition was field. The district court dismissed the petition as moot. The panel reversed holding that once the petition was field, Commission lost jurisdiction over the claim and thus could not dismiss the claim or otherwise take action on the issues before the district court.

Alvarez-Delvalle v State

Alvarez-Delvalle appealed the dismissal of his postconviction relief petition. The panel summarily disposed of the case holding all the claims raised in the appeal had already been rejected in the direct appeal in this matter or could have been raised then and were therefore procedurally barred.