Lindsey v Lindsey

Wife appealed the partial summary judgment awarding husband all his interest in an insurance business as his premarital separate property. The panel affirmed. It first noted that there was no clear Utah precedent on the standard of review for summary judgment involving a property division, but, as the outcome is the same under both the abuse of discretion analysis and de novo review, the panel left the issue unresolved. It held wife’s infrequent hosting of clients and serving as housewife during the marriage were insufficient as a matter of law to create title in the business and that no extraordinary circumstances exited here as husband was well compensated during the marriage and wife received significant alimony.

Smith v Smith

Husband appealed the district court ruling that an inheritance of wife did not become marital property when deposited in a money market account. The panel affirmed. It held there was a conflict in the terms of the parties’ trust between the provision which declared property in newly created bank accounts to be marital property and the provision that wife’s interest in her mother’s trust, which is where the inheritance came from, was separate property. The panel held that under the canon of construction that the specific limits the general, the provision about wife’s mother’s trust was a specific carve out form the new accounts provision and thus the inheritance did not become marital property when deposited into a newly created account. It noted that adopting husband’s construction would make it virtually impossible for wife to keep her inheritance spate property as use of financial institutions is essential in today’s system.

Rocky Mountain Builders Supply Inc. v Marks

Rocky appealed the dismissal of its complaint arguing a forum selection clause was enforceable. The panel agreed and reversed. It held that Marks could have negotiated a different forum clause and the grounds relied upon by the district court, that Marks is an individual, the case involves Marks’ house and the sum is small, are irrelevant to the enforceability of the clause. It also held there was jurisdiction here as Rocky is a Utah corporation and a party to the underlying contract and thus there is a rational nexus with Utah.

State v Bilek

Bilek appealed the revocation of his probation and imposition of his suspended prison sentence. The panel affirmed holding the evidence supported the conclusion that Bilek violated probation by using drugs, having a female stay overnight and sexually abusing her.

Glasscock v State

Glasscock appealed the dismissal of his post-conviction relief petition. The panel affirmed holding the petition was filed more than a year after the latest possible start date when Glasscock became aware he had to register as a sex offender and nearly ten years after his deadline to appeal his case expired.