Thomlinson v Douglas Knight Construction, Inc.

Thomlinson appealed the dismissal of his defective construction claim. The Court affirmed holding that under Utah Code 78B-4-513 Thomlinson could not bring suit as he was not in privity with Douglas as Douglas contracted with a developer not Thomlinson, developer did not assign the warranties in the construction contract at the time of sale and developer did not assign any past claims Thomlinson when developer assigned any present or future claims against Douglas as part of developer’s bankruptcy.

Transportation Alliance Bank v International Confections Company, LLC

Company appealed the denial of its Rule of Civil Procedure 60 motion to set aside an order approving sale of its assets. The Court dismissed the appeal as moot because Company did not move for a stay or otherwise try to stop the sale, all the assets covered by the order have been sold and the Court was thus unable to grant any relief.

Boyle v Clyde Snow & Sessions, P.C.

Clyde sought review of the Court of Appeals decision that it failed to intervene in a wrongful death suit and thus could not enforce its lien on attorney fees in the case. The Court reversed. It agreed with the district court that Boyle waived any claim based on failure to intervene by acquiescing to litigation of the fee issue, asserting his own claim to the fees and actively participating in the litigation of the lien issue by participating in mediation and agreeing in principle the disputed funds should be interplead.