Opinion DAVIS , Judge: 1 Bad Ass Coffee Company of Hawaii, Inc. (BACH) appeals the district court's grant of Royal Aloha International, LLC's (RAI) motion to dismiss for improper venue. See Utah R. Civ. P. 12(b)(3). We reverse and remand for further proceedings. BACKGROUND 2 In 2011, RAI and BACH entered into a license agreement (the Agreement) in which BACH transferred to RAI "an exclusive, royalty-free, perpetual, irrevocable, worldwide right to use, market and exploit the...
Memorandum Decision PEARCE , Judge : 1 George W. Neckel seeks judicial review of the Workforce Appeals Board's (the Board) decision denying his application for unemployment benefits. We conclude that substantial evidence supports the Board's factual determinations. We also conclude that the Board's decision falls within the bounds of reasonableness and rationality. Accordingly, we decline to disturb the Board's decision. 2 Neckel worked for Contempo Cabinet & Mill, Inc. (Contempo) as...
Memorandum Decision ORME , Judge : 1 Anthony Babbitt, having lost a separate but related appeal, see Brown v. Babbitt, 2015 UT App 161, 353 P.3d 1262 , once again appeals the trial court's custody and parent-time orders regarding his and Kelsey Brown's child (Child). He raises six issues in the current appeal, three of which our previous decision resolved. 1 Babbitt's claims not resolved by our prior decision are challenges to (1) the sufficiency of the evidence supporting the trial...
Amended Opinion 1 PEARCE , Judge : 1 The Salt Lake County Board of Equalization, the Utah State Tax Commission, and Granite School District (collectively, the Board) appeal from the district court's entry of summary judgment in favor of Alliant Techsystems, Inc. (ATK). The district court concluded that ATK does not have exclusive possession of the government land on which it conducts operations and is thus exempt from Salt Lake County's privilege tax. See generally Alliant Techsystems,...
Opinion ROTH , Judge : 1 Zrii, LLC, (Zrii) appeals the district court's judgment in favor of Tech Center 2000, LLC (Landlord). We affirm. BACKGROUND 2 Zrii leased office space in a multi-building complex that Landlord was developing. Eventually, Zrii occupied space in two different buildings. In October 2008, Landlord and Zrii entered into a lease (the Lease) for a third building that had yet to be constructed (the Building). Zrii agreed to lease the Building for three years...
Decision PER CURIAM. 1 Mikarose, LLC and Brad Lawson appeal the district court's grant of additional attorney fees incurred in collection proceedings on the judgment affirmed in Weber v. Mikarose, LLC, 2015 UT App 130, 351 P.3d 121 . We affirm. 2 As allowed by the previously affirmed March 28, 2014 judgment, Tiffany Weber filed a motion for an augmented judgment in the amount of costs and attorney fees incurred from March 29, 2014 through December 15, 2015. 1 Lawson filed a pro se...
Memorandum Decision TOOME , Judge : 1 Arenal Energy Corporation, Richard Reincke, and Eric Johnson appeal from the district court's order denying their motion to compel arbitration in their dispute with Solid Q Holdings LLC (Solid Q). We affirm. 2 In July 2012, Solid Q extended a loan to Arenal Energy Corporation, for which the two entities executed a promissory note (the Note). Reincke and Johnson, who established Arenal Energy Corporation, each personally guaranteed the Note....
Memorandum Decision TOOMEY , Judge . 1 In this appeal we decide whether the district court correctly granted the State's motion to dismiss Dean Eddie Williams's petition for post-conviction relief. "We review an appeal from an order dismissing or denying a petition for post-conviction relief for correctness without deference to the lower court's conclusions of law." Winward v. State, 2012 UT 85, 6, 293 P.3d 259 (citation and internal quotation marks omitted). 2 The Post-...
Opinion VOROS , Judge : 1 This appeal turns on whether a motion made under Utah Rule of Civil Procedure 60(b) and filed 197 days after entry of a default judgment was made within a reasonable time. Notwithstanding the movants' explanations for their delay, the district court ruled the motion untimely. This ruling did not exceed the district court's broad discretion. We therefore affirm. BACKGROUND 2 Michelle Crane-Jenkins sued her former employer, Mikarose LLC, for unpaid overtime...
Opinion DAVIS , Judge . 1 Appellants are current and former owners of dairy farms located in Millard County, Utah (the Dairies). 1 Appellees (IPP) own or operate the Intermountain Power Plant. This case comes to us on the Dairies' motion for interlocutory review of the trial court's denial of their motion to change venue. We granted the motion for interlocutory review and we affirm the trial court's ruling. BACKGROUND 2 This case has a long history, beginning with the Dairies...
Decision PER CURIAM: 1 Raylin Andersen (Raylin) appeals the district court's separate orders dismissing each of the defendants and the award of attorney fees and costs to some of those defendants. We affirm. 2 The district court dismissed Raylin's original complaint against Defendant Andrea Drossos Andersen (Andrea) under rule 12(b)(6) of the Utah Rules of Civil Procedure for failure to state a claim, but the court granted Raylin leave to file an amended complaint. The First Amended...
Memorandum Decision CHRISTIANSEN , Judge . 1 CFD Payson, LLC challenges the district court's dismissal of the wrongful-lien and slander-of-title claims it asserted against Kim Dahl and her attorneys. Because we agree with CFD Payson that Kim Dahl does not have an ownership interest in CFD Payson's real property that would authorize the liens against that property, we reverse the district court's dismissal of CFD Payson's claims and remand the matter to the district court for further...
CHRISTIANSEN , Judge : 1 This case involves a child-custody dispute between David Vaughan (Father) and Emily Romander (Mother). Father filed a petition seeking custody of the child, child support, and other related relief. The case proceeded to trial, and the trial court awarded primary physical custody to Father and entered other orders relating to child support and Mother's parent-time. Mother challenges both the trial court's refusal to grant her request for a continuance on the first...
Opinion CHRISTIANSEN , Judge : 1 Karine Feldman (formerly Karine Reller) appeals from the trial court's Amended Supplemental Decree of Parentage and Judgment. She challenges the trial court's order denying her motion to amend her complaint to recover retroactive child support from 2005 to 2009. In addition, Feldman claims that the trial court abused its discretion by imputing income to Francis Argenziano without first finding that he was voluntarily underemployed and by declining to hold...
Opinion VOROS , Judge . 1 This appeal requires us to determine whether a plaintiff alleging a variety of tort and contract claims adequately pleaded causation. We conclude that the amended complaint satisfied our liberal pleading rules and so reverse the district court's order dismissing the amended complaint. BACKGROUND 1 2 Raymond L. Zisumbo worked as a computer tomography (CT) technician for Ogden Regional Medical Center for five years. In September 2009, Zisumbo filed...
Opinion VOROS , Judge : 1 This appeal involves a claim against an insolvent health insurance company in a liquidation proceeding. The district court ruled the claim untimely and, in any event, that it did not qualify for priority treatment, because Medicaid had reimbursed the claimant for the losses she claimed. We reverse on the first point and affirm on the second. BACKGROUND 2 In early August 2001, Appellant Chris Ann Mellor's son suffered a near-drowning incident that left him...
Amended Opinion 2 ROTH , Judge : 1 Claud R. Koerber and Jewel K. Skousen (Tenants) appeal from several orders and rulings of the district court related to their dispute with Nancy A. Mismash (Landlord). We affirm in part, vacate in part, and remand the matter to the district court. BACKGROUND 2 Tenants and Landlord entered into a rental agreement for a house in August 2010. Tenants agreed to pay $2,000 per month in rent, pay for all of their utilities directly, and abide by...
Opinion PEARCE , Judge : 1 S.E. (Mother) appeals from the juvenile court's order terminating her parental rights in her two boys, A.S. and S.S. Mother argues that she received ineffective assistance from her counsel at the termination trial and that the juvenile court failed to adequately inquire into the reasons for her expressed dissatisfaction with counsel. We agree that Mother received ineffective assistance of counsel. We reverse the juvenile court's termination order and remand for...
PER CURIAM : 1 Adam Scott Haslam appeals the trial court's denial of his petition for post-conviction relief. He argues that he is entitled to relief because Salt Lake City failed to disclose exculpatory evidence regarding arresting officer Trooper Lisa Steed's performance and disciplinary records. However, this court has recently decided issues identical to the one Haslam raises. See Monson v. Salt Lake City, 2015 UT App 136, 351 P.3d 821 ; Magallanes v. South Salt Lake City, 2015 UT...
Decision PER CURIAM : 1 Shane Kenneth Wilcock appeals the dismissal of his petition for post-conviction relief. We affirm. 2 Wilcock was charged with driving under the influence of alcohol or drugs and other offenses after a traffic stop initiated by Utah Highway Patrol Trooper Lisa Steed. In 2011, Wilcock pleaded no contest in the South Salt Lake City Justice Court to the charge of driving with a measurable amount of a controlled substance in his body, a class B misdemeanor. In 2013,...
