Pearson v. Layton

Pearson v. Layton

IN THE UTAH COURT OF APPEALS

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Stewart E. Pearson and Linda S. Pearson,

Plaintiffs and Appellees,

v.

Donald W. Layton, an individual; and Donald W. Layton, as Trustee for the Ida Viola Thorup Layton Family Trust,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030752-CA
 

F I L E D
(April 1, 2004)
 

2004 UT App 83

 

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Third District, Salt Lake Department

The Honorable Robin W. Reese

Attorneys: Donald W. Layton, Salt Lake City, Appellant Pro Se

David K. Broadbent and James L. Barnett, Salt Lake City, for Appellant

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Before Judges Jackson, Orme, and Thorne.

PER CURIAM:

This case is before the court on its own motion for summary disposition on the basis that the issues presented for review are so insubstantial as to not merit further consideration by the court. See Utah R. App. P. 10.

Appellees (Pearsons) sought to quiet title on property on which Appellant (Layton) had filed a lis pendens. The trial court granted summary judgment in favor of the Pearsons, determining that the lis pendens was wrongfully filed and invalid.

Layton's response to this court's motion is nonsensical and fails to demonstrate any error by the trial court or any cause to reverse the trial court's decision.

The motion for summary disposition is, therefore, granted and the Pearsons, having been awarded fees below, are awarded attorney fees on appeal.(1) This matter is remanded for determination of the amount of attorney fees reasonably incurred by the Pearsons on appeal.

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Norman H. Jackson, Judge

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Gregory K. Orme, Judge

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William A. Thorne Jr., Judge

1. The Pearsons were awarded attorney fees in the trial court pursuant to Utah Code Annotated Section 38-9-4(2) (2001). When a party who received attorney fees below prevails on appeal, the party is ordinarily entitled to fees incurred on appeal. See Valcarce v. Fitzgerald, 961 P.2d 305, 319 (Utah 1998).