K.P.S. v E.J.P.

K.P.S. appealed the rejection of his motion to change physical custody from E.J.P. to himself and the district court’s failure to rule on other issues certified for trial. The panel vacated and remanded. It held the district court failed to provide any subsidiary facts to supports in findings and conclusions specifically failing to identify the number of K.P.S.’s number of missed parenting time visits or why the number was deficient given the obstacles placed in his way by E.J.P., provided no support for finding that K.P.S. is strong willed, failed to explain what that meant and why it adversely affected the child here and failed to note that supervised visitation was required here based on an erroneous finding of abuse and also erred in rejecting the guardian ad litem’s recommendation to change physical custody without a legitimate reason and the panel expressed deep doubt that the decision not to change custody was correct in any event given E.J.P.’s inadequate response to child’s suicide attempts, other mental health issues and academic needs. It held that the district reversibly erred by not ruling on the other issues certified for trial and ordered to to do so on remand.

Venuti v Continental Motors, Inc.

Continental appealed the denial of motion to dismiss for lack of personal jurisdiction. The panel reversed. It held none of the contacts alleged by Venuti had anything to do with this suit, that continental never placed the helicopter component at issue here in the stream of commerce  and, even if it did, never took additional steps to target Utah.

John Kuhni & Sons, Inc. v Labor Commission, Occupational Safety and Health Division

Kuhni appealed Commission’s order declaring its challenge to workplace safety citations was untimely. The panel set aside the order and remanded. It held that under the plain language of Utah Code 34A-6-303(1), the 30 day clock is only started if the notice of infraction is sent by “certified mail”, the dictionary definition of “certified mail” requires that use of the official postal system, this is consistent with decisions of other states and the Utah legislature knows how to authorize use of unofficial delivery systems as evidenced by other statutes allowing such service and the omission in 303(1) is thus purposeful. It held the clock never ran here as Division sent the notice by FedEx which is not a part of the postal system and thus Kuhni’s challenge was timely and the case was remanded for a consideration of the merits.

CBS Enterprises LLC and Meyers v Sorenson

CBS and Meyers appealed the dismissal of their complaint for failure to prosecute. The panel reversed and remanded. It held CBS field a motion that at least in part sought to set aside the dismissal order under Rules of Civil Procedure 59 and 60 and thus the district court abused its discretion in not addressing the merits of the motion. It held the district court abused its discretion in not grating the motion here as CBS field a statement of good cause not to dismiss which is all the district court order to show cause required, a hearing was set with one week’s notice an CBS claimed did not receive actual notice all of which supports a finding of excusable neglect for not appearing at the hearing and the dismissal was erroneous as the case was stayed and there was no order to start litigation.

Wasatch County v Utility Facility Review Board and Rocky Mountain Power

County appealed Board’s order to grant Power’s request for a conditional use permit. The panel reversed and remanded holding County had the right to require Power to build its transmission lines somewhere else to comply with counties ridgeline view ordinance under Utah Code 54-14-201(1) and board thus could not require county to approve the permit.

Holyoak v Morgan

Morgan appealed the denial of his Rule of Civil Procedure 60 motion. The panel affirmed holding the failure of Morgan’s counsel to read the notice of hearing or otherwise act diligently to learn when a hearing he requested had been set was not excusable neglect for missing the hearing.