Memorandum Decision ORME , Judge : 1 Paul Thomas appeals from a civil stalking injunction entered against him. We affirm the injunction, with two important clarifications. 2 Daniel James Sheeran, who petitioned for the civil stalking injunction against Thomas, had worked for several years with Thomas's girlfriend. Thomas thought that Sheeran was harassing and annoying his girlfriend at work and made efforts to stop what he perceived to be unacceptable behavior. These efforts included...
Opinion DAVIS , Judge : 1 Robert Rupert appeals his conviction of assault by a prisoner. We affirm. BACKGROUND 2 On November 30, 2012, Rupert was an inmate at the Box Elder County Jail and housed in a cell with four other prisoners, including the victim, James Pettus. Rupert and Pettus did not get along and often argued with each other. Around 2:00 p.m., Rupert and another inmate, Gregorio Cisneros, attacked Pettus. Pettus suffered a broken nose, two black eyes, and a "cauliflowered"...
Opinion BENCH , Senior Judge : 1 Danny's Drywall and its insurer, American Liberty Insurance Co., (collectively, Employer) petition for judicial review of a Labor Commission decision awarding permanent total disability benefits to Rafael Suastegui Bernal (Claimant). We do not disturb the Commission's decision. BACKGROUND 2 On February 17, 2009, while working as a drywall installer for Danny's Drywall, Claimant "fell 14 feet from a ladder and scaffold." He suffered extensive bone...
Opinion VOROS , Judge : 1 This appeal considers whether an out-of-state company subjected itself to personal jurisdiction in Utah by advertising that it was available to serve Utah clients, contracting with a Utah resident to determine the value of her Utah company, researching the value of that company using Utah-specific data, receiving payment from a Utah client, and directing the finished appraisal to a Utah recipient. We conclude that these contacts are sufficient to support...
PEARCE , Judge : 1 This case involves a child custody agreement made by divorcing parents. The agreement contemplated that L.B. (Mother) would have custody of their minor son (Child) until he entered the seventh grade. The parties agreed that at that point: (1) a custody evaluator would assess whether a change in custody to R.B. (Father) remained in Child's best interest, (2) the "legal presumption" would be that a change in custody would be in Child's best interest unless the evaluator...
Opinion PEARCE , Judge : 1 This appeal concerns a breach of fiduciary duty claim that was the subject of a successful summary judgment motion. Mineral Resources International, Inc. (MRI) challenges the district court's grant of summary judgment in favor of James Giles and award of attorney fees to Giles. The district court ruled that MRI had not presented sufficient evidence of actual damages caused by the alleged breach of the duty Giles owed MRI. On appeal, MRI contends that it...
Opinion ROTH, Judge: 1 Sarah Ann LoPrinzi appeals her two convictions for unlawful sexual activity with a minor, asserting that the trial court erred in multiple ways. First, she contends that the trial court should have granted her motion to either recuse the entire Salt Lake County District Attorney's Office from prosecuting her case or dismiss the case altogether. Second, she challenges two of the court's decisions regarding jury instructions. Finally, she claims that the court erred in...
Memorandum Decision PEARCE, Judge: 1 Stephen Rippey appeals from the district court's order dismissing his petition for post-conviction relief. We affirm. 2 In July 2008, ten-year-old S.B. reported to her mother that Rippey had sexually abused her at least ten times — and possibly as many as thirty times — over the previous three years. When S.B.'s mother confronted Rippey about the abuse, he immediately admitted to touching S.B. sexually as well as sexually abusing her with a spatula....
Opinion PEARCE, Judge: 1 Azlen Adieu Farquat Marchet appeals from his conviction of rape, a first degree felony. 2 We affirm. BACKGROUND 3 2 Marchet's conviction results from his 2003 rape of S.W., a woman he knew casually through her place of employment. On October 16, 2003, S.W. visited a Salt Lake City dance club. By apparent coincidence, Marchet was also at the club that evening. Marchet approached her. She recognized and hugged him. Marchet asked her if she wanted to see a new...
Memorandum Decision VOROS, Judge: 1 In this delinquency case, C.M., a minor at the time of the delinquency, requests an order of this court "striking or vacating the April 14, 2009 conviction." 2 C.M. contends that the juvenile court proceeded to adjudicate her without first obtaining personal jurisdiction over her and that her later stipulation to the juvenile court's jurisdiction was unauthorized and thus failed to confer jurisdiction on the court. 1 2 At the outset, the State asks...
Opinion ROTH, Judge: 1 This case involves several claims arising from Target Corporation's decision to terminate its employment of Susan Nelson for taking a customer's wallet. Nelson sued Target for breach of contract, negligent and intentional infliction of emotional distress, and defamation. Each claim hinged in part on Nelson's assertion that Target conducted a deficient investigation, basing its decision to terminate her solely on video surveillance footage of the incident. The district...
Memorandum Decision CHRISTIANSEN, Judge: 1 John K. Bushnell hired Dale K. Barker Co., PC (Barker Co.) to provide tax and accounting services for Bushnell and his company, Bushnet, PC (collectively, Bushnell). The services contract between Bushnell and Barker Co. included an attorney-fees provision stating that in the event of a breach, the "non-defaulting party shall be entitled to all costs and attorneys' fees incurred in enforcing this Agreement." When Bushnell allegedly failed to pay...
Memorandum Decision BENCH, Judge. 1 Kia Lyn Fadel Hodgson, Kristin Louise Fadel, Douglas Kelly Fadel, and Kara Fadel Burnett (the Fadels) appeal the district court's grant of judgment in favor of Farmington City, Eric Miller, and the Farmington City Board of Appeals (the Board) on the Fadels' petition for review of the Board's determination that the Fadels' barn (the Barn) violated the Uniform Code for the Abatement of Dangerous Buildings (the UCADB). See Uniform Code for the Abatement of...
Opinion BENCH, Senior Judge: 1 Jeffrey Hansen appeals from the district court's order granting summary judgment in favor of Harper Excavating, Inc. (Harper) and Stacy Henderson (collectively, Defendants). Hansen argues that the district court erroneously determined that his claims required expert medical testimony regarding the cause of his injuries. We affirm. BACKGROUND 2 In November 2003, Harper hired Hansen. In the first few days of his employment, Hansen submitted application forms...
Opinion GREENWOOD, Senior Judge: 1 Defendants Robert C. Stevens and Brett L. John (collectively, Guarantors) appeal the trial court's grant of partial summary judgment in favor of Town & Country Bank (the Bank). We affirm. 2 In December 2008, the Bank loaned Fairground Properties, Inc. (Borrower) $1,380,000 pursuant to a promissory note. The loan was secured by a deed of trust (the Fairgrounds Deed of Trust) encumbering twenty-six parcels of real property located in Hurricane, Utah....
Opinion PEARCE, Judge: 1 Sean Brown petitions for judicial review of the Sandy City Appeal Board's (the Board) decision to uphold his termination from the Sandy City Police Department. We decline to disturb the Board's decision. BACKGROUND 2 The Sandy City Police Department employed Brown as a detective. Although Brown's formal reviews over his seventeen-year career with the department had been exemplary, he also had a history of difficulty getting along with other detectives. On April...
PEARCE, Judge: 1 Weber County zoning ordinances require a party aggrieved by a land use decision to file an appeal with the Board of Adjustment within fifteen days. Christine Brown challenges the Board's application of that time bar to her appeal. The district court concluded that the Board had correctly determined that Brown's appeal was untimely. We affirm. BACKGROUND 2 In 1974, the Middle Fork Ranches Subdivision Plat was recorded. The plat depicts nineteen lots, an east-west road,...
Memorandum Decision VOROS, Judge: 1 The central issue on appeal is whether, under our pre-2011 statutory scheme, a "renewed" judgment lien relates back in time to the date of the original judgment. Under controlling precedent, the district court ruled that it did not. We agree and affirm. 2 In December 1999, William and Corinne Halls held title to Lot 308, a piece of property in Davis County. Lee Jackson filed an action against William Halls in the Third District Court. The court entered...
Opinion ORME, Judge: 1 Durbano & Garn Investment Company filed a title insurance claim based on a title discrepancy on property that it previously owned. When First American Title Insurance Company denied its claim, Durbano & Garn sued. The district court ruled in favor of First American on the parties' cross motions for summary judgment and denied Durbano & Garn's motion for leave to amend its pleadings. We affirm. BACKGROUND 2 2 In 1993, Durbano & Garn purchased a parcel of real...
Opinion VOROS, Judge: 1 This appeal involves a condition precedent in a real estate purchase contract. The condition did not occur, and the buyer did not complete the purchase. The district court ruled on summary judgment that because the condition precedent benefitted the seller alone, the seller alone could, and did, waive the condition, triggering the buyer's obligation to perform. The buyer contends on appeal that the condition benefitted him also and thus that its nonoccurrence excused...
