Kuhlmann v. Green

Kuhlmann v. Green

IN THE UTAH COURT OF APPEALS

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Gary G. Kuhlmann,

Plaintiff and Appellee,

v.

Mary Kaye Green fka Mary Kaye Kuhlmann,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20020698-CA
 

F I L E D
(September 11, 2003)
 

2003 UT App 307

 

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Fifth District, Cedar City Department

The Honorable Robert T. Braithwaite

Attorneys: Chad J. Utley and Eric R. Gentry, St. George, for Appellant

Gary G. Kuhlmann, St. George, Appellee Pro Se

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Before Judges Bench, Greenwood, and Orme.

ORME, Judge:

"[T]he district court is entrusted with broad discretion in dealing with discovery matters, [including] protective orders." In re Discipline of Pendleton, 2000 UT 77,¶38, 11 P.3d 284. Consequently, whether or not the district court correctly denied a motion for a protective order "is reviewed for abuse of discretion." Green v. Louder, 2001 UT 62,¶37, 29 P.3d 638.

Under rule 26 of the Utah Rules of Civil Procedure, a party may discover not only evidence that "is relevant to the subject matter involved in the pending action," but also "information [that] appears reasonably calculated to lead to the discovery of admissible evidence." Utah R. Civ. P. 26(b)(1) (emphasis added). Although the district court's ancillary comments may reflect some misunderstanding of the applicable law relevant to the ultimate issue in the case, we simply cannot say, given the narrow issue
involved in the current appeal, that its discretion was abused in denying the motion for a protective order.

Affirmed.

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Gregory K. Orme, Judge

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WE CONCUR:

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Russell W. Bench, Judge

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Pamela T. Greenwood, Judge