Smith v. Harris

Smith v. Harris

IN THE UTAH COURT OF APPEALS

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Thomas Smith,
Plaintiff and Appellant,

v.

Michael H. Harris and Doreen I. Harris,
Defendants and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20010713-CA
 

F I L E D
(March 13, 2003)
 

2003 UT App 69

 

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Eighth District, Vernal Department

The Honorable John R. Anderson

Attorneys: Thomas Smith, Vernal, Appellant Pro Se

Cindy Barton-Coombs, Roosevelt, for Appellees

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Before Judges Jackson, Greenwood, and Orme.

ORME, Judge:

We have determined that "[t]he facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument." Utah R. App. P. 29(a)(3).

Utah Code Ann. § 25-5-3 (1998) provides that "[e]very contract . . . for the sale[] of any lands . . . shall be void unless the contract, or some note or memorandum thereof, is in writing subscribed by the party by whom the . . . sale is to be made."

Since Plaintiff can point to no such document "subscribed by" Defendants, we must affirm. Because Defendants did not file a cross-appeal challenging the failure of the trial court to award attorney fees, we do not remand for the trial court to

consider the award of fees. We decline to award attorney fees on appeal.

Affirmed.

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Gregory K. Orme, Judge

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WE CONCUR:

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Norman H. Jackson,

Presiding Judge

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Pamela T. Greenwood, Judge