S&S Constr. v. Wisden

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S&S Constr. v. Wisden Case No. 20010559-CA, Filed November 1, 2001 IN THE UTAH COURT OF APPEALS


S & S Construction, Inc.,
Petitioner and Appellee,


Joseph Michael Wisden,
Respondent and Appellant.

(Not For Official Publication)

Case No. 20010559-CA

November 1, 2001 2001 UT App 326 -----

Fifth District, St. George Department
The Honorable Boyd Bunnell

Joseph Michael Wisden, St. George, Appellant Pro Se
David Nuffer, St. George, for Appellee -----

Before Judges Greenwood, Jackson, and Bench.


This matter is before the court on appellee's motion for summary disposition. Appellee urges this court to affirm the order below "on the basis that the grounds for review are so insubstantial as not to merit further proceedings and consideration by the appellate court." Utah R. App. P. 10(a)(2). Appellant has filed motions for sanctions against appellee's counsel pursuant to Rule 33 and Rule 40 of the Utah Rules of Appellate Procedure.

Appellant's main argument on appeal is that he held an interest in the property sufficient to support a lien. However, appellant did not follow through with any lawful procedures to purchase the property. Appellant then attempted to encumber the property in which he had no legal right or interest. The district court properly found that the documents filed by appellant were not lawful liens authorized by statute and appellant had no legal interest in the property. See Russell v. Thomas, 2000 UT App 82,¶15, 999 P.2d 1244 (holding sales agreement did not convey interest in property and notice filed by defendants was unlawful lien); see also Utah Code Ann. § 38-9-7(6)(a) (1997).

Accordingly, we grant appellee's motion for summary disposition and affirm the order and judgment of the district court. Furthermore, appellant's motions for sanctions are hereby denied.

Pamela T. Greenwood,
Presiding Judge

Norman H. Jackson,
Associate Presiding Judge

Russell W. Bench, Judge