Opinion ORME, Judge: 1 In this consolidated case, Angela K. Oliver (Employee) 1 seeks to overturn the decision of the Utah Labor Commission Appeals Board denying her claim for permanent total disability benefits. Safeway, which employed Employee years ago, challenges the composition and impartiality of the medical panel. We set aside the Board's order and direct it to reconsider Employee's claim in accordance with the guidance offered in this opinion. BACKGROUND 2 In March 1987,...
Memorandum Decision ORME, Judge: 1 J.N. (Mother) appeals the juvenile court's adjudication that she abused and/or neglected her three biological children and her three stepchildren. We affirm. 2 The juvenile court took numerous facts into account before arriving at its determination, but four incidents involving Mother and the children are of particular relevance in this case. Police responded to a domestic disturbance involving Mother in August 2012. Two of Mother's stepchildren had...
CHRISTIANSEN, Judge: 1 Ellen Cantrell (Wife) appeals from the district court's order granting James N. Cantrell's (Husband) petition to modify a decree of divorce. We reverse and remand. BACKGROUND 2 In late 2007, after a marriage of just over twenty-two years, the parties entered into a Collaborative Law Participation Agreement in which they agreed to pursue a divorce settlement without judicial intervention. In April 2008, the parties memorialized their agreement regarding the terms of...
Decision PER CURIAM: 1 C.H. (Father) appeals the termination of his parental rights. Father challenges the sufficiency of the evidence to support the grounds for termination and the best interests determination, arguing that the juvenile court did not adequately consider the fact that O.H. was not in an adoptive placement at the time of the termination trial. We affirm. 2 "[I]n order to overturn the juvenile court's decision [to terminate parental rights], the result must be against the...
DAVIS, Judge: 1 Annette Scott seeks review of the Utah Labor Commission's decision upholding the administrative law judge's (ALJ) ruling that she is not eligible to receive workers' compensation benefits for a 2002 neck injury that she alleges required surgery in 2011. We decline to disturb the Commission's decision. 2 Scott presents two issues on review. First, she asserts that the Commission abused its discretion by not considering her late-filed medical evidence. The Commission is...
Opinion CHRISTIANSEN, Judge: 1 Petitioners Tysha R. Cook and Tristan Ritchie seek review of a final order entered by the Labor Commission Appeals Board denying their claims for compensation based upon the Utah Workers Compensation Act and the Utah Occupational Disease Act. We decline to disturb the Appeals Board's decision. BACKGROUND 2 In late 1993, Gina Cook was an employee working in the data processing center of Zions Bank (the Bank). Cook's department became very busy because the...
Memorandum Decision CHRISTIANSEN, Judge: 1 Keith and Sharon Lilley (Plaintiffs) appeal from the district court's order dismissing their breach of contract and negligence causes of action against Defendant Blake Ingram. We affirm. 2 "When reviewing a 12(b)(6) motion [to dismiss], we recite the facts in a light most favorable to the non-moving party...." Wagner v. State, 2005 UT 54, 2, 122 P.3d 599 . In 2003, Plaintiffs purchased undeveloped land on which to build a home in Park City,...
Opinion BILLINGS, Senior Judge: 1 G.F. (Grandmother) appeals the entry of a protective order against her, which was requested by N.F. (Mother) on behalf of her daughter (Child). We do not reach Grandmother's claims, however, because we determine that they are now moot and do not fit either of the argued exceptions to the mootness doctrine. Thus, we dismiss Grandmother's appeal. BACKGROUND 2 In November 2011, Child told Mother that Grandmother, her paternal grandmother, had sexually...
DAVIS, Judge: 1 Wayne Carlos dba AAA Bail Bonds (AAA) seeks review of the Department of Workforce Services Appeals Board's (the Board) decision that Stephen Thorsted (Claimant) is eligible for unemployment benefits. AAA contends that the Board based its decision on an erroneous interpretation of provisions contained in the Federal Unemployment Tax Act (FUTA), see 26 U.S.C. 3306 (2006); the Utah Employment Security Act (the UESA), see Utah Code Ann. 35A-4-204 to -205 (LexisNexis 2011)...
Opinion DAVIS, Judge: 1 Wade Hugoe requests that we set aside the Woods Cross City Employee Appeal Board's (the Board) decision affirming Woods Cross City's (the City) termination of his employment with the Public Works Department. We set aside the Board's decision. BACKGROUND 2 Hugoe was employed by the City as a master mechanic. On July 17, 2012, after having various confrontations with other employees throughout the day regarding missing tools, Hugoe stormed into the public works...
ORME, Judge: 1 Defendant Wolfgango Ruiz appeals the district court's denial, on reconsideration, of his motion to withdraw his guilty plea to a charge of attempted sexual abuse of a child, a third degree felony. See Utah Code Ann. 76-5-401 (LexisNexis 2012). 1 We affirm. BACKGROUND 2 2 In 2006, Defendant was charged with sexual abuse of a child, a second degree felony. Defendant retained counsel and then pled guilty to a reduced count of attempted sexual abuse of a child, a third...
Opinion CHRISTIANSEN, Judge: 1 Paul Thomas Rayner (Husband) appeals the trial court's decree of divorce, challenging the trial court's property distribution and alimony award. We reverse and remand. BACKGROUND 2 Tanja Rodgers Rayner (Wife) and Husband were married in 1981. They separated nearly thirty years later in January 2010, and Wife filed a petition for divorce later that year. Husband had lost his job in April 2008. After losing his job, he received only minimal income working...
Decision PER CURIAM: 1 D.D. (Father) appeals the termination of his parental rights. The only issues on appeal are whether the juvenile court erred by not ordering reunification services for Father, who was incarcerated, or by not making findings that offering services would be detrimental to the child. See generally In re A.T., 2013 UT App 184, 15, 307 P.3d 672 . 2 Z.M. was removed from the custody of S.M. (Mother) on August 29, 2012, at which time Father was incarcerated. Father...
Decision PER CURIAM: 1 A Healthy Choice (Healthy Choice) appeals the trial court's order granting summary judgment in favor of Michelle, Kelly, and Kelsey Brown and dismissing the action. We affirm. 2 Months after the close of discovery in this matter, the Browns moved to dismiss the case based on Healthy Choice's failure to provide any factual support for its claim of intentional interference with economic relations alleged in its complaint. At a hearing on the motion to dismiss, the...
Opinion ORME, Judge: 1 David and Rosemary Olsen, Dianne and William Newland, and Rick Margolis (collectively, Landowners) appeal from a district court order dismissing their complaint as untimely under section 10-9a-801 of the Utah Code. We reverse and remand for consideration of the merits of Landowners' complaint. BACKGROUND 2 Landowners seek to challenge the adoption of Park City Ordinance 10-08 (the Ordinance). The Ordinance approved the creation of a subdivision and combined three...
Memorandum Decision CHRISTIANSEN, Judge: 1 William C. Halls appeals from the district court's denial of his motion to compel delivery of the cash value of his homestead exemption in certain property executed upon by Lee Jackson; Action Investment Services, LLC; and International Petroleum, LLC (collectively, Plaintiffs). We reverse and remand. 2 This case arises from Plaintiffs' attempts to collect on a judgment obtained against Halls in a prior proceeding (the Judgment). In August 2008,...
Opinion VOROS, Judge: 1 Defendant Brad R. Ricks and his friend Maurice Lee were drinking together one night in 2009. They got into what Ricks later called "a pissing match about who had the balls big enough to do something." At Lee's urging, Ricks fetched his semiautomatic pistol from the bedroom, placed it against Lee's forehead, and pulled the trigger. Ricks later testified that he expected to hear a clicking sound. Instead, the gun discharged. The principal question on appeal is whether...
THORNE, Judge: 1 Appellant Sonja Michelle Wolferts (Mother) appeals from three of the district court's orders: the May 5, 2010 order enforcing contempt provisions; the Findings of Fact, Conclusions of Law, and Order of Modification modifying child custody; and the Ruling and Order on Petitioner's Request for Fees and Costs awarding attorney fees and costs to Appellee Brian Wolferts (Father). We affirm. BACKGROUND 2 In 2004, Father filed for divorce. In 2007, the parties stipulated that...
Decision PER CURIAM: 1 M.H. (Mother) appeals the termination of her parental rights. She asserts that there was insufficient evidence to support the grounds for terminating her parental rights and the conclusion that it was in the best interest of the child to terminate her parental rights. 2 "[I]n order to overturn the juvenile court's decision [to terminate a person's parental rights,] `the result must be against the clear weight of the evidence or leave the appellate court with a firm...
Memorandum Decision CHRISTIANSEN, Judge: 1 Petitioners A & B Mechanical Contractors and Workers Compensation Fund (collectively, A & B) seek review of the Utah Labor Commission's (the Commission) decision affirming the Administrative Law Judge's (the ALJ) order awarding permanent total disability benefits to Scott Driscoll. We decline to disturb the Commission's decision. 2 While working for A & B Mechanical Contractors in 2004, Driscoll was lifting a 175-pound beam when he "felt a `pop'...
