Lundahl v. Lindberg

Lundahl v. Lindberg

IN THE UTAH COURT OF APPEALS

----ooOoo----

Holli Lundahl,
Plaintiff and Appellant,

v.

Hon. Denise Lindberg; Hon. Stephen Henriod;
and Judy Mann, Director of Utah Public Safety Department,
Defendants and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030042-CA
 

F I L E D
(May 22, 2003)
 

2003 UT App 163

 

-----

Fourth District, Provo Department

The Honorable Louis G. Tervort

Attorneys: Holli Lundahl, Orem, Appellant Pro Se

Mark L. Shurtleff, Brent A. Burnett, Barry G. Lawrence, and Joni J. Jones, Salt Lake City, for Appellees

-----

Before Judges Jackson, Billings, and Greenwood.

PER CURIAM:

This case is before the court on its own motion for consideration of summary affirmance on the basis that the questions presented in the appeal are so insubstantial as not to merit further review. See Utah R. App. P. 10. Lundahl sued Judges Lindberg and Henriod after they dismissed law suits filed by Lundahl. Lundahl claims the judges acted with "malice" and "fraud" in dismissing her suits.

Lundahl also sued Mann for failure to provide her with a Utah driver's license. These matters were certified by the trial court pursuant to rule 54(b) of the Utah Rules of Civil Procedure and this appeal ensued.

Lundahl claims that judicial immunity should not apply because the judges were not acting in a discretionary or judicial capacity when they dismissed her claims. However, Lundahl has not demonstrated that the judges were acting in anything other than in a judicial or discretionary capacity in dismissing her claims. The trial court determined that judicial immunity applied to the acts of the judges, and Lundahl has not demonstrated that this conclusion was in error.

With respect to Mann, the trial court dismissed the claim for two reasons. First, because of the failure to file a Notice of Claim relating to the claims against Mann and, second, based on governmental immunity. See Utah Code Ann. § 63-30-10(3)(2002). Again, Lundahl has not demonstrated that this determination was in error.

For these reasons, this court summarily affirms the order of the trial court.

______________________________

Norman H. Jackson,

Presiding Judge

______________________________

Judith M. Billings,

Associate Presiding Judge

______________________________

Pamela T. Greenwood, Judge