Green Tree v. Wisden

Green Tree Financial
Servicing Corporation,
Plaintiff and Appellee,

v.

Joseph Michael Wisden aka Joseph M. Wisden
aka Frank William Leonesio aka Frank W. Leonesio
aka Val Cram aka Valden Cram aka Terry J. Erickson
aka Terry Erickson aka Verd Erickson
aka Verd J. Erickson, Frank William Leonesio
dba Joseph Michael Wisden and Joseph M. Wisden,
John Does 1 through 25, Donna Alexander,
and Jane Does 1 through 25,
Defendants and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010104-CA

F I L E D
October 10, 2002 2002 UT App 334 -----

Fifth District, St. George Department
The Honorable Homer F. Wilkinson

Attorneys:
Joseph Michael Wisden, St. George, Appellant Pro Se
Wayne H. Braunberger, Sandy, for Appellee -----

Before Judges Billings, Davis, and Orme.

BILLINGS, Associate Presiding Judge:

Appellant Joseph Michael Wisden appeals from a contempt order. Because he inadequately briefed the issues on appeal, we affirm.(1)

"It is well established that Utah appellate courts will not consider claims that are inadequately briefed." State v. Garner, 2002 UT App 234,¶8, 52 P.3d 467. Appellant raises thirty issues in his brief, providing only cursory support and no analysis for any of them. Appellant "has essentially 'dump[ed] the burden of argument and research' on this court." State v. Lucero, 2002 UT App 135,¶12, 47 P.3d 107 (citation omitted); see also Rohan v. Boseman, 2002 UT App 109,¶27, 46 P.3d 753. Because Appellant's "claims are 'devoid of any "meaningful analysis,"'" we decline to address them. Garner, 2002 UT App 234 at ¶12 (citations omitted). Furthermore, regarding his challenges to the trial court's factual findings, Appellant does not cite to the record nor attempt to meet his marshaling burden. See id. at ¶¶9-10.(2) We accordingly affirm.

Appellee was awarded attorney fees by the trial court and requests attorney fees on appeal. See Valcarce v. Fitzgerald, 961 P.2d 305, 319 (Utah 1998); cf. Bradshaw v. Kershaw, 627 P.2d 528, 533 (Utah 1981). We therefore award Appellee its reasonable attorney fees incurred on appeal and remand for the entry of a reasonable fee. See id.
 
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge -----

WE CONCUR:
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
Gregory K. Orme, Judge

1. By disposing of this case on grounds of inadequate briefing, we do not intend to indicate any disapproval of the trial judge's handling of the contempt proceedings.

2. This is not the first time Appellant has been told by this court that he "fail[ed] to provide any analysis or support for his assertion[s]," Wisden v. Dixie Coll. Parking Comm., 935 P.2d 550, 554 n.2 (Utah Ct. App. 1997), or that his arguments were "not sufficiently coherent and understandable to allow us to review them." Salina City v. Wisden, 737 P.2d 981, 983 (Utah 1987) (per curiam).