Betteridge v. Betteridge

Betteridge v. Betteridge

IN THE UTAH COURT OF APPEALS
 

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Andra D. Betteridge,

Petitioner and Appellee,

v.

Brent R. Betteridge,

Respondent and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030588-CA
 

F I L E D
(March 10, 2005)
 

2005 UT App 109

 

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Third District, Salt Lake Department

The Honorable William B. Bohling

Attorneys: Donald D. Gilbert, Orem, for Appellant

Barbara W. Richman and Glen M. Richman, Salt Lake City, for Appellee

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Before Judges Bench, Greenwood, and Orme.

ORME, Judge:

    In the context of alimony termination, cohabitation requires "common residency" and "sexual contact evidencing a conjugal association." Pendleton v. Pendleton, 918 P.2d 159, 160 n.1 (Utah Ct. App. 1996). Appellant has not established that the trial court's finding that there was no "sexual contact evidencing a conjugal association" between Appellee and her "tenant" was clearly erroneous. See Shinkoskey v. Shinkoskey, 2001 UT App 44,¶10 n.5, 19 P.3d 1005. On the contrary, there was direct testimony, under oath, from the two people who would know best that there was no such sexual relationship. We are in no position to judge the credibility of that testimony. As is routinely noted by appellate courts, credibility determinations are for the trial court. See, e.g., Reed v. Reed, 806 P.2d 1182, 1184 (Utah 1991) ("It is the province of the trier of fact to assess the credibility of witnesses, and we will not second-guess the trial court where there is a reasonable basis to support its findings.").

    Given our conclusion, it follows that the trial court did not err when it ruled that Appellant was in contempt, when it entered a judgment against Appellant for alimony arrears, or when it awarded Appellee costs and attorney fees. We further award Appellee, who received fees below and has prevailed on appeal, costs and reasonable attorney fees incurred on appeal. See Moon v. Moon, 1999 UT App 12,¶33, 973 P.2d 431, cert. denied, 982 P.2d 89 (Utah 1999).

    Affirmed.

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Gregory K. Orme, Judge

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WE CONCUR:

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Russell W. Bench,

Associate Presiding Judge

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Pamela T. Greenwood, Judge