Stultz v. Ingram

IN THE UTAH COURT OF APPEALS

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Robert D. Stultz,

Plaintiff and Appellee,

v.

Leslie J. Ingram,

Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040218-CA
 

F I L E D
(September 2, 2004)
 

2004 UT App 295

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Second District, Bountiful Department

The Honorable Glen R. Dawson

Attorneys: Douglas M. Durbano, Layton, for Appellant

John P. Hill, Salt Lake City, for Appellee

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Before Judges Bench, Davis, and Jackson.

PER CURIAM:

    Defendant appeals from the entry of an adverse judgment. This case is before the court on Plaintiff's Motion to Dismiss.

    During the pendency of this appeal, the parties settled the underlying dispute. The judgment entered by the trial court was paid by the Defendant to the Plaintiff, a satisfaction of judgment was signed by the parties, and an order relating to the satisfaction of judgment was entered by the trial court.

    It is a well-settled rule in Utah that "one who acquiesces in a judgment cannot later attack it." Jacobsen, Morrin & Robbins Constr. Co. v. St. Joseph High Sch. Bd. of Fin. Trs., 794 P.2d 505, 506 (Utah Ct. App. 1990). Accordingly, "if a judgment is voluntarily paid, which is accepted, and a judgment satisfied, the controversy has become moot and the right to appeal is waived." Id. "In the absence of extraordinary circumstances, we do not generally consider mooted questions on appeal." Id. at 507; see also Cingolani v. Utah Power & Light Co., 790 P.2d 1219, 1221-22 (Utah Ct. App. 1990).

    There is no dispute that Defendant paid the underlying judgment, and Plaintiff accepted payment for the same. The judgment entered by the trial court was satisfied, and this controversy is moot. Accordingly, this appeal is dismissed.

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Russell W. Bench,

Associate Presiding Judge

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James Z. Davis, Judge

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Norman H. Jackson, Judge