Utah Supreme Court Decisions 2018

State v. Burr
Date: December 21, 2018
Citation: 2018 UT 63
Docket Number: 20160176
HealthBanc v. Synergy
Date: December 21, 2018
Citation: 2018 UT 61
Docket Number: 20170591
Salt Lake City Corp. v. Jordan River Restoration Network  
Date: December 20, 2018
Citation: 2018 UT 62
Docket Number: 20160098

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court ruling in favor of Salt Lake City Corporation (City) in this dispute over whether the City’s denial of Jordan River Restoration Network’s (JRRN) fee waiver r...

State v. Beverly  
Date: November 29, 2018
Citation: 2018 UT 60
Docket Number: 20160511

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of rape and forcible sexual assault of his wife, holding that a single error occurred below, and the error was not prejudicial. Specifically, the Court held (1) Defendan...

Baker v. Carlson  
Date: November 28, 2018
Citation: 2018 UT 59
Docket Number: 20180717

Justia Opinion Summary: In this case involving two resolutions that would enable Ivory Development, LLC to develop land on which the old Cottonwood Mall once stood the Supreme Court affirmed the decision of the district court that Resolution 20...

Utah State Tax Commission v. See’s Candies, Inc.  
Date: October 5, 2018
Citation: 2018 UT 57
Docket Number: 20160910

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court finding that the language of Utah Code 59-7-113 was ambiguous and that section 113 did not permit the income allocation that the Utah State Tax Commission had...

Bank of America v. Sundquist  
Date: October 5, 2018
Citation: 2018 UT 58
Docket Number: 20170014

Justia Opinion Summary: The Supreme Court held that, as used in the National Bank Act, Congress’s use of the word “located” is ambiguous, and therefore, Chevron, U.S.A., Inc. v. National Resource Defense Council, Inc., 467 U.S. 837 (1984), requ...

EnerVest v. Utah State Engineer  
Date: September 27, 2018
Citation: 2018 UT 55
Docket Number: 20160394

Justia Opinion Summary: The Supreme Court dismissed this appeal from a contest over the state water engineer’s resolution of who owned the water rights to Minnie Maud Creek, holding that the Court lacked jurisdiction because the district court’...

Copper Hills Custom Homes, LLC v. Countrywide Bank, FSB  
Date: September 27, 2018
Citation: 2018 UT 56
Docket Number: 20160803

Justia Opinion Summary: The Supreme Court dismissed the appeal from several orders related to the disposition of mechanic’s liens, holding that the Court lacked appellate jurisdiction because the Utah R. Civ. P. 54(b) certifications were flawed...

UDOT v. Kmart Corp.  
Date: September 25, 2018
Citation: 2018 UT 54
Docket Number: 20160653

Justia Opinion Summary: In 2010, the Utah Department of Transportation (UDOT) condemned an access point from Bangerter Highway to the West Point Shopping Center. At the time of the condemnation, the shopping center was owned by FPA West Point,...

Bryner v. Cardon Outreach  
Date: September 24, 2018
Citation: 2018 UT 52
Docket Number: 20160818

Justia Opinion Summary: The Supreme Court affirmed the district court’s interpretation of Utah’s Hospital Lien Statute, Utah Code 38-7-1, holding that the court correctly concluded that the Hospital Lien Statute does not require a hospital to p...

Discip of Brian Steffensen
Date: September 24, 2018
Citation: 2018 UT 53
Docket Number: 20170058
Reperex, Inc. v. Coldwell Banker Commercial  
Date: September 18, 2018
Citation: 2018 UT 51
Docket Number: 20170354

Justia Opinion Summary: In this complaint alleging fraud, negligent misrepresentation, and breach of fiduciary duty against Van Wagoner & Bradshaw, LLC, an accounting firm, and Coldwell Banker Commercial, the Supreme Court largely affirmed as t...

GeoMetWatch Corp. v. Utah State University Research Foundation  
Date: September 12, 2018
Citation: 2018 UT 50
Docket Number: 20170264

Justia Opinion Summary: At issue was three questions certified to the Supreme Court by the federal district court relating to the interpretation of the Governmental Immunity Act of Utah (Immunity Act), Utah Code 63G-7-101 to -904. The Supreme C...

State v. Fullerton  
Date: September 11, 2018
Citation: 2018 UT 49
Docket Number: 20170113

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of child abuse homicide, holding that Defendant’s challenges to expert testimony provided in his case would not receive consideration and...

MacDonald v. MacDonald  
Date: September 5, 2018
Citation: 2018 UT 48
Docket Number: 20170789

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the district court’s denial of Petitioner’s petition to vacate or reduce the alimony award to his former spouse under Utah Code 30-3-5(8)(i)(i), h...

State v. Martinez-Castellanos  
Date: August 29, 2018
Citation: 2018 UT 46
Docket Number: 20170323

Justia Opinion Summary: In this criminal case, the Supreme Court held that the court of appeals erred in accumulating errors that, standing alone, had no potential to cause harm, and thus reversed the court of appeals’ determination of cumulati...

Judd v. Bowen  
Date: August 29, 2018
Citation: 2018 UT 47
Docket Number: 20170431

Justia Opinion Summary: In this case involving a dispute over whether an easement by prescription existed to use a circular driveway touching adjacent cabins, the Supreme Court held that it improvidently granted certiorari. The trial court gra...

Wittingham, LLC v. TNE Limited Partnership  
Date: August 22, 2018
Citation: 2018 UT 45
Docket Number: 20160805

Justia Opinion Summary: In this case asserting various claims against a number of defendants, the Supreme Court dismissed this appeal, holding that the district court’s order was not a final judgment because the court failed to dispose of Plain...

Savely v. Utah Highway Patrol  
Date: August 22, 2018
Citation: 2018 UT 44
Docket Number: 20170266

Justia Opinion Summary: The Supreme Court reversed the state district court’s dismissal of Appellant’s petition asking the court to force the Utah Highway Patrol and Utah Department of Public Safety (collectively, UHP) to return his money held...

First National Bank of Layton v. Palmer  
Date: August 16, 2018
Citation: 2018 UT 43
Docket Number: 20160280

Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the district court’s denial of Appellant’s motion to amend his counterclaim and to join a party, holding that it lacked appellate jurisdiction because the district cour...

Copper Hills Custom Homes, LLC v. Countrywide Bank, FSB  
Date: August 16, 2018
Citation: 2018 UT 42
Docket Number: 20160803

Justia Opinion Summary: The Supreme Court dismissed this appeal for lack of appellate jurisdiction, holding that the Utah R. Civ. P. 54(b) certifications were flawed. The Court then clarified the steps parties and district courts must take to e...

State v. Hernandez  
Date: August 14, 2018
Citation: 2018 UT 41
Docket Number: 20160671

Justia Opinion Summary: The Supreme Court dismissed the interlocutory appeal brought by Defendant challenging the district court’s decision to quash a subpoena Defendant sought seeking against his alleged victim to testify at his preliminary he...

In re Deborah Michelle Kiley  
Date: August 14, 2018
Citation: 2018 UT 40
Docket Number: 20170472

Justia Opinion Summary: The Supreme Court revoked certification in this case certified to it by a bankruptcy court to answer a question of state law because the issues were not adequately briefed and because of the potential impact of the autom...

Haik v. Jones  
Date: August 7, 2018
Citation: 2018 UT 39
Docket Number: 20160878

Justia Opinion Summary: The Supreme Court affirmed the district court’s finding that Mark Haik lacked standing to challenge a change application that sought to add acreage to accommodate a private water system and the court’s denial of Haik’s m...

Doe v. Ogden
Date: August 1, 2018
Citation: 2018 UT 37
Docket Number: 20151051
State v. Pham
Date: August 1, 2018
Citation: 2018 UT 38
Docket Number: 20160502
State v. Tulley  
Date: July 30, 2018
Citation: 2018 UT 35
Docket Numbers: 20150241, 20150241

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of reckless aggravated abuse of a vulnerable adult and interference with an arresting officer, holding that the district court did not er...

Gregory & Swapp, PLLC v. Kranendonk  
Date: July 26, 2018
Citation: 2018 UT 36
Docket Number: 20160377

Justia Opinion Summary: The Supreme Court vacated the jury’s $2.75 million award for non-economic damages in this legal malpractice and breach of contract case, holding that the case did not qualify as one of the “rare” cases where non-economic...

Utah v. Tulley  
Date: July 25, 2018
Citation: 2018 UT 35
Docket Number: 20150241

Justia Opinion Summary: Travis Tulley claimed that while he was napping on Victim’s couch, Victim held a knife to his forehead and attempted to grope his genitals. In response, Tulley violently assaulted Victim, a 71-year-old man. Tulley wanted...

Build v. Utah Department of Transportation  
Date: July 17, 2018
Citation: 2018 UT 34
Docket Number: 20151058

Justia Opinion Summary: In holding that the successor judge in this case had authority to dismiss Plaintiff’s claims for breach of contract and consequential damages and committed no reversible error by doing so, the Supreme Court repudiated an...

Teamsters Local 222 v. Utah Transit Authority  
Date: July 9, 2018
Citation: 2018 UT 33
Docket Number: 20170208

Justia Opinion Summary: The Supreme Court dismissed the appeal in this labor dispute and vacated the the district court’s judgment, holding that the case was moot. A group of supervisors working for Utah Transit Authority (UTA) coordinated wit...

Smith v. Robinson  
Date: July 5, 2018
Citation: 2018 UT 30
Docket Number: 20160106

Justia Opinion Summary: In this case presenting the question of whether a treating therapist owes a duty of reasonable care to a nonpatient parent when treating that parent’s child for potential allegations of sexual abuse, the Supreme Court re...

Mower v. Children’s Center  
Date: July 5, 2018
Citation: 2018 UT 29
Docket Number: 20160149

Justia Opinion Summary: In this case involving a therapist who caused a child to falsely accuse a parent of sexual abuse, the Supreme Court held (1) a treating therapist working with a minor child owes a duty of reasonable care to a nonpatient...

Espensched Transport Corp. v. Fleetwood Services, Inc.  
Date: July 5, 2018
Citation: 2018 UT 32
Docket Number: 20160873

Justia Opinion Summary: In this insurance dispute brought by Espenschied Transport Corp., the Supreme Court affirmed the judgment of the district court granting summary judgment to Fleetwood Services, Inc. and Wilshire Insurance Company. Espe...

State v. Sanchez  
Date: July 5, 2018
Citation: 2018 UT 31
Docket Number: 20160891

Justia Opinion Summary: In this murder case, the Supreme Court clarified the correct standard for extreme emotional distress. Defendant was convicted of first-degree murder for viciously torturing his girlfriend, ultimately causing her death....

State v. Rigby
Date: July 3, 2018
Citation: 2018 UT 0
Docket Number: 20160261
Gables v. Castlewood  
Date: June 29, 2018
Citation: 2018 UT 28
Docket Number: 20161075

Justia Opinion Summary: An action is commenced under Utah law not by the filing of a motion for leave to amend but by the filing of a complaint. Many years after filing suit against other defendants a homeowners association sued the general co...

Jensen v. Intermountain Healthcare, Inc.  
Date: June 26, 2018
Citation: 2018 UT 27
Docket Number: 20160424

Justia Opinion Summary: A request for prelitigation review, a step the Utah Healthcare Malpractice Act (UHMA) mandates a plaintiff take before filing a medical malpractice suit, tolls one of the limitation periods for filing that suit. Plainti...

Colosimo v. Gateway  
Date: June 26, 2018
Citation: 2018 UT 26
Docket Number: 20160838

Justia Opinion Summary: The Supreme Court affirmed the grant of summary judgment in favor of a church in this case brought by the parents of a boy who died from injuries he sustained while trespassing on the roof of a building owned by the chur...

State v. Stewart  
Date: June 12, 2018
Citation: 2018 UT 24
Docket Number: 20160484

Justia Opinion Summary: The Pattern of Unlawful Activity Act, Utah Code 76-10-1601 to 1609, does not prevent the State from using evidence of acts on which the statute of limitations has expired to prove a pattern of unlawful activity. Defenda...

Rodriguez v. Kroger Co.  
Date: June 12, 2018
Citation: 2018 UT 25
Docket Number: 20161012

Justia Opinion Summary: The Supreme Court affirmed in part and reversed and remanded in part the decision of the district court in this personal injury case entering judgment based on the jury’s allocation of fault and awarding Plaintiff five p...

J.P. Furlong Co. v. Board of Oil & Gas Mining  
Date: June 5, 2018
Citation: 2018 UT 22
Docket Number: 20150620

Justia Opinion Summary: The Supreme Court affirmed the decision of the Board of Oil, Gas, and Mining to impose a joint operating agreement (JOA) on J.P. Furlong Company’s relationship with the party operating a drilling unit that included Furlo...

Potter v. South Salt Lake City  
Date: June 5, 2018
Citation: 2018 UT 21
Docket Number: 20150931

Justia Opinion Summary: The Supreme Court held that a party alleging error by a land use authority is no longer required to establish that the “decision would have been different” but for the error under the standard set forth in Springville Ci...

Mounteer Enterprises, Inc. v. Homeowners Association for Colony at White Pine Canyon  
Date: June 5, 2018
Citation: 2018 UT 23
Docket Number: 20170165

Justia Opinion Summary: A party may implicitly waive an antiwaiver clause in a contract through conduct, but there must be clear intent to waive both the underlying contract provision and the antiwaiver clause. Defendant hired Plaintiff to pro...

State v Ring  
Date: May 25, 2018
Citation: 2018 UT 19
Docket Number: 20150526

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of rape of a child, holding that each of Defendant’s claims on appeal failed. Specifically, the Court held (1) this Court declines to consider whether the district court...

Howick v. Salt Lake City Corp.  
Date: May 25, 2018
Citation: 2018 UT 20
Docket Number: 20150738

Justia Opinion Summary: The Supreme Court affirmed the district court’s ruling that Plaintiff, a municipal employee, had forfeited her merit protection status through contract, estoppel, and waiver without reaching the merits of Plaintiff’s cla...

LeGrand Johnson Construction Co. v. Celtic Bank Corp.  
Date: May 21, 2018
Citation: 2018 UT 18
Docket Number: 20160913

Justia Opinion Summary: The Supreme Court reversed the decision to award prejudgment interest to LeGrand and concluded that Celtic Bank was the prevailing party on the prejudgment interest issues. LeGrand Johnson Construction Company filed an...

State v. Wilder  
Date: May 15, 2018
Citation: 2018 UT 17
Docket Number: 20160952

Justia Opinion Summary: The Supreme Court overruled the relevant portions of State v. Finlayson, 994 P.2d 1243 (Utah 2000), and State v. Lee, 128 P.3d 1179 (Utah 2006), that set forth and recapped the common-law merger test and announced that t...

Hammons v. Weber County  
Date: May 2, 2018
Citation: 2018 UT 16
Docket Number: 20151074

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Plaintiffs’ complaint against Weber County claiming that the County had violated Utah Code 59-22-103 and 59-2-103.5, which establish the tax exemp...

In re J.B.  
Date: April 24, 2018
Citation: 2018 UT 15
Docket Number: 20151083

Justia Opinion Summary: The Supreme Court affirmed the juvenile court’s order terminating J.M.B.’s guardianship and custody of J.B. and denied the guardian ad litem’s (GAL) motion to dismiss this case for lack of jurisdiction. After J.M.B. sep...

Arnold v. Grigsby  
Date: April 11, 2018
Citation: 2018 UT 14
Docket Number: 20160191

Justia Opinion Summary: The Supreme Court affirmed the district court’s judgment in favor of Defendant on Plaintiff’s medical malpractice claim on the grounds that the Utah Medical Malpractice Act’s two-year statute of limitations barred Plaint...

Shaffer v. IHC Health Services, Inc.  
Date: April 10, 2018
Citation: 2018 UT 13
Docket Number: 20170256

Justia Opinion Summary: The Supreme Court affirmed the district court’s grant of summary judgment in favor of Defendants, holding that Plaintiffs' claims were either moot or failed to state a claim as a matter of law. The hospital at which an...

State v. Legg  
Date: March 27, 2018
Citation: 2018 UT 12
Docket Number: 20160810

Justia Opinion Summary: The court of appeals has the same authority to overturn its own precedent as does the Supreme Court and did not err in this case in concluding that collateral legal consequences will not be presumed when an appeal from a...

State v. Binks  
Date: March 6, 2018
Citation: 2018 UT 11
Docket Number: 20160235

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of possession of drugs and drug paraphernalia, holding that the trial court did not err in denying Defendant’s motion to suppress evidence obtained during a Terry stop....

Fire Insurance Exchange v. Oltmanns  
Date: February 28, 2018
Citation: 2018 UT 10
Docket Number: 20160304

Justia Opinion Summary: The court of appeals did not err in concluding that the denial of Robert Oltmanns’ insurance claim by his insurer, Fire Insurance Exchange, was “fairly debatable,” thus negating Oltmanns’ demand for attorney fees and exp...

State v. Ogden  
Date: February 27, 2018
Citation: 2018 UT 8
Docket Number: 20150922

Justia Opinion Summary: Here, the Supreme Court clarified the standard the Crime Victims Restitution Act (CVRA) requires the district court to employ to determine whether a defendant caused the loss for which a victim seeks restitution. Defend...

Doe v. Ogden
Date: February 27, 2018
Citation: 2018 UT 0
Docket Number: 20151051
Gonzalez v. Cullimore  
Date: February 26, 2018
Citation: 2018 UT 9
Docket Number: 20160373

Justia Opinion Summary: The Supreme Court took the opportunity of this case to follow the overwhelming majority of courts, holding that claims under section 1692e of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692-1692p, are subj...

Salo v. Tyler  
Date: February 22, 2018
Citation: 2018 UT 7
Docket Number: 20150520

Justia Opinion Summary: The Supreme Court clarified the operated summary judgment standard under Utah R. Civ. P. 56 and affirmed the grant of summary judgment in this case under this standard. In this appeal from the district court’s dismissal...

In re Disp.of R. LaJeunesse
Date: February 16, 2018
Citation: 2018 UT 6
Docket Number: 20160264
State v. Pham
Date: February 15, 2018
Citation: 2018 UT 0
Docket Number: 20160502
State v. Lopez  
Date: February 9, 2018
Citation: 2018 UT 5
Docket Number: 20151094

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court convicting Defendant of criminal homicide murder for killing Shannon Lopez. Defendant’s defense at trial was that Shannon shot herself. On appeal, Defendant a...

Gables at Sterling Village Homeowners Ass’n v. Castlewood-Sterling Village I, LLC  
Date: February 9, 2018
Citation: 2018 UT 4
Docket Number: 20160100

Justia Opinion Summary: In this action alleging, inter alia, breaches of fiduciary duty and the implied warranty of habitability, the Supreme Court affirmed the district court’s grant of summary judgment and a directed verdict against The Gable...

State v. Garcia  
Date: January 29, 2018
Citation: 2018 UT 3
Docket Number: 20160932

Justia Opinion Summary: The court of appeals affirmed the determination of the district court that it did not have jurisdiction to adjudicate Petitioner’s motions challenging the order of the Board of Pardons and Parole requiring him to pay res...

State v. Ellis  
Date: January 23, 2018
Citation: 2018 UT 2
Docket Number: 20150486

Justia Opinion Summary: Unavailability of witnesses for trial may not be established merely on the basis of an illness on the particular day a trial is scheduled by a court. Rather, there must be a showing that the illness is of such an extende...

Zimmerman v. University of Utah  
Date: January 23, 2018
Citation: 2018 UT 1
Docket Number: 20160572

Justia Opinion Summary: A notice of termination may be an adverse employment action independent of an actual termination under the Utah Protection of Public Employees Act (UPPEA). Plaintiff filed suit against Employer, claiming infringement of...

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