Amyx v. Players Vacation

IN THE UTAH COURT OF APPEALS
 

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Frank Amyx,

Plaintiff and Appellant,

v.

Players Vacation Club, Inc., and John Does One through Ten,

Defendants and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040252-CA
 

F I L E D
(January 21, 2005)
 

2005 UT App 25

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Third District, Sandy Department

The Honorable Royal I. Hansen

Attorneys: Denver C. Snuffer Jr., Sandy, and Jessee L. Riddle, Draper, for Appellant

Randy L. Dryer and Michael P. Petrogeorge, Salt Lake City, for Appellee

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Before Judges Davis, Jackson, and Orme.

PER CURIAM:

    This is an appeal of the trial court's grant of Players Vacation Club's (Players) motion to dismiss a claim made pursuant to Utah's Unsolicited Commercial and Sexually Explicit Email Act.(1) See Utah Code Ann. §§ 13-36-101 to -105 (2001). This appeal raises issues identical to those recently decided by this court in Fenn v. MLeads Enters. Inc., 2004 UT App 412, 512 Utah Adv. Rep. 37. This court determined that a single email sent to a Utah resident is sufficient "contact" to "satisfy the long arm statute and the minimum contacts requirement of due process for a statutory claim arising from the sending of that email." Id. at ¶30.

    Based on now settled law, the trial court erred in granting Players's motion to dismiss for lack of jurisdiction. The order of dismissal is reversed and the case is remanded for further proceedings.

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James Z. Davis, Judge

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Norman H. Jackson, Judge

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Gregory K. Orme, Judge

1. The statute has since been repealed, but was in effect at the time the email in question was sent. We review the trial court decision in light of the statutory scheme in effect at that time. See Fenn v. MLeads Enters. Inc., 2004 UT App 412.