Schmidt v. Schmidt

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Schmidt v. Schmidt. Filed August 26, 1999 IN THE UTAH COURT OF APPEALS


John David Schmidt,
Plaintiff and Appellee,


Darlene J. Schmidt,
Defendant and Appellant.

(Not For Official Publication)

Case No. 990447-CA

August 26, 1999
  1999 UT App 246 -----

Third District, Salt Lake Department
The Honorable William B. Bohling

Darlene J. Schmidt, Salt Lake City, Appellant Pro Se
John David Schmidt, Salt Lake City, Appellee Pro Se


Before Judges Wilkins, Billings, and Jackson.


Ms. Schmidt appeals the trial court's April 30, 1999, ruling whereby it denied her motion to stay writ of execution because no writ of execution has been sought by Mr. Schmidt. We affirm.

Ms. Schmidt makes numerous assertions about events dating back to the parties' divorce in 1982, but these issues are not properly before this court. The only issue before us is the April 30, 1999, ruling and Ms. Schmidt fails to support her assertion that the trial court should be reversed. Our independent review of the record leads us to conclude that the trial court's decision is correct and that Ms. Schmidt's appeal is without merit.

Accordingly, the trial court is affirmed and Mr. Schmidt is awarded his fees and costs on appeal because Ms. Schmidt's appeal is frivolous. See Utah R. App. P. 33. The matter is remanded to the trial court for a determination of fees and costs.

Michael J. Wilkins,
Presiding Judge

Judith M. Billings, Judge

Norman H. Jackson, Judge