ORME, Judge:
¶ 1 Spring Gardens Inc. appeals the district court's grant of summary judgment to Security Title Insurance Agency of Utah Inc. on a
¶ 2 In 2006, Spring Gardens lent a substantial sum of money to Blaine and Jessie Johnson, secured by a first-position lien on a parcel of real property (the Burmester property). By March 7, 2008, the Johnsons still owed Spring Gardens approximately $85,000. Hoping to expedite repayment of the loan, on that day Spring Gardens signed a new agreement (1) requiring the Johnsons to pay the debt in full within thirty days and (2) subordinating Spring Gardens' first-position lien on the Burmester property to two other interests of record. This new agreement was further secured by a trust deed intended to be in a first-priority position on two additional parcels of real property (the Skull Valley property). After both parties signed the agreement and trust deed, Spring Gardens deposited the documents with Security Title.
¶ 3 A short time later, however, Spring Gardens, in lieu of closing on the new agreement, chose to accept a payment as consideration for its subordination on the Burmester property. No closing having occurred, Security Title never recorded the Skull Valley trust deed, meaning Spring Gardens had no recorded interest in the Skull Valley property. Security Title did, however, record the subordination of Spring Gardens' interest in the Burmester property. As a result, when the Johnsons defaulted, Spring Gardens had no recorded interest in the Skull Valley property and its interest in the Burmester property was subordinated to recorded interests in favor of two other parties, whose combined claims exceeded the value of the property. Spring Gardens sued both the Johnsons and Security Title; the instant appeal concerns only the latter.
¶ 4 In its complaint, Spring Gardens repeatedly declared that a closing occurred and that Security Title therefore had a duty to record the Skull Valley trust deed. During discovery, Security Title sought various admissions from Spring Gardens that contradicted the facts as stated in Spring Gardens' complaint, including an admission that no closing actually occurred and that Security Title never received verbal or written instruction from Spring Gardens to record the trust deed. Because Spring Gardens never denied or otherwise responded to these requests, it was deemed to have admitted the truth of these statements. See Utah R. Civ. P. 36(b)(1). Security Title seized upon this opportunity to end the suit and moved for summary judgment on the ground that Spring Gardens' admissions refuted the factual predicate of its claim, i.e., because a closing did not occur and no instructions to nonetheless record were given, no duty to record could be triggered by the "closing" alleged in the complaint or on the basis of separate instructions.
¶ 5 In its opposition to summary judgment, Spring Gardens argued that Security Title was required to produce evidence establishing the appropriate standard of care and to further demonstrate that its conduct did not violate that standard. Spring Gardens also filed a rule 56(f) motion seeking additional time for further discovery and to consult industry experts. Although Spring Gardens also expressed an intent to file a motion to amend or withdraw its admissions, it never did. Security Title responded by reiterating its argument that the deemed-undisputed facts effectively foreclosed Spring Gardens' negligence claim as set forth in its complaint.
¶ 6 The district court agreed with Security Title that where a closing had not occurred and instructions to record had not been given, Spring Gardens could not prove that Security Title had a duty to record as alleged in its complaint. Thus, the district court granted summary judgment to Security Title.
¶ 7 Six months after summary judgment was granted to Security Title, Spring Gardens filed a motion for reconsideration. The motion included the new arguments that Security Title had a statutorily implied obligation to record the trust deed and that a course of dealing existed between Spring Gardens and Security Title prior to the incident in question in which Security Title had always recorded deeds without specific written instructions to do so. A motion to amend the complaint did not accompany the motion for reconsideration, even though the only claim set forth in the complaint was tied specifically to the closing allegedly superintended by Security Title.
¶ 8 After taking the matter under advisement, the district court issued a written decision in which it denied Spring Gardens' motion for reconsideration. The court explained that to the extent Spring Gardens was presenting new evidence, it had given the court no indication why such evidence could not have been produced in a timely fashion. Furthermore, the court determined that "given [Spring Gardens'] deemed admissions and Security Title's supporting affidavits, [Security Title had] no duty ... as a matter of law." The court concluded, therefore, that no "manifest injustice [would] result [to Spring Gardens] absent reconsideration." The court also rejected Spring Gardens' argument that its failure to conduct any discovery between "the filing of Security Title's Motion for Summary Judgment and oral arguments" was not dilatory because it did not have sufficient time to peruse Security Title's affidavits. Instead, the court found that Spring Gardens "had approximately six months to conduct discovery and adduce material facts to preclude a grant of summary judgment in favor of Security Title," during the interval between the filing of and the hearing on Security Title's motion for summary judgment. Finally, the court rejected Spring Gardens' argument that the issue of Security Title's duty was inadequately briefed by Security Title. Spring Gardens appeals.
¶ 9 Spring Gardens challenges the district court's grant of summary judgment in favor of Security Title. "We review the district court's decision to grant summary judgment for correctness, granting no deference to the district court." Commercial Real Estate Inv., L.C. v. Comcast of Utah II, Inc., 2012 UT 49, ¶ 14, 285 P.3d 1193 (citation and internal quotation marks omitted).
¶ 10 Spring Gardens also questions the district court's rejection of its motion for reconsideration of the district court's summary judgment decision and its rule 56(f) motion for additional time in which to conduct discovery. "We review a district court's decision to deny a motion to reconsider a summary judgment decision for an abuse of discretion." Koerber v. Mismash, 2015 UT App 237, ¶ 15, 359 P.3d 701. Similarly, "we review a trial court's decision to grant or deny a rule 56(f) motion under the abuse of discretion standard." Crossland Sav. v. Hatch, 877 P.2d 1241, 1243 (Utah 1994). Although "[o]ur case law demonstrates that to provide an adequate opportunity for discovery, the trial court should liberally grant rule 56(f) motions ..., the trial court need not grant rule 56(f) motions that are dilatory or lacking in merit." Id. "Under [an abuse of discretion] standard, we will not reverse unless the decision exceeds the limits of reasonability." State v. Larsen, 865 P.2d 1355, 1361 (Utah 1993).
¶ 11 Two roads were open to Security Title in its pursuit of summary judgment. First, it could have established the applicable standard of care and demonstrated that it satisfied the standard as a matter of law. See, e.g., RJW Media, Inc. v. CIT Group/Consumer Fin., Inc., 2008 UT App 476, ¶¶ 21, 24, 202 P.3d 291 (explaining that a defendant presented evidence of the industry standard of care "in support of its motion for summary judgment" and affirming summary judgment on the ground that the plaintiff
¶ 12 According to Spring Gardens' original and never-amended complaint, Security Title had a duty to record the deed "following the closing." That Spring Gardens believed the duty to record was premised upon a closing having occurred — and that its negligence claim against Security Title was premised upon such a closing — is repeated several times within its complaint. But as Spring Gardens admitted by failing to deny Security Title's requested admissions, a closing never occurred.
¶ 13 In sum, because of Spring Gardens' admissions that no closing occurred
¶ 14 Spring Gardens never took appropriate steps to withdraw the admissions that refuted the central tenets of its claim against Security Title or to justify its dilatory actions during discovery. Absent such a withdrawal, the introduction of contrary evidence, the amendment of its original complaint to add new claims against Security Title, or some justification for Spring Gardens' delays in pursuit of its suit, the district court had nothing new to consider, so it was not an abuse of discretion for the district court to decline to reconsider its summary judgment decision.
¶ 15 Spring Gardens undercut its own negligence claim against Security Title through its deemed admissions. And rather than respond by amending its complaint, filing a motion to withdraw its admissions, or timely making the new arguments put forth in its motion for reconsideration or ably argued by new appellate counsel, Spring Gardens chose not to conduct further discovery and not to submit any evidence in support of its position. The record establishes that Spring Gardens had ample time and opportunity to conduct discovery and to deny Security Title's requests for admissions if they were not warranted, but it did not do so. The district court did not abuse its discretion when it declined to rescue Spring Gardens from its own dilatory behavior, and the district court further did not abuse its discretion by refusing to consider Spring Gardens' new claims raised in its motion for reconsideration.
¶ 16 Affirmed.
New appellate counsel for Spring Gardens raised several additional and interesting arguments during oral argument, such as whether Security Title had some lesser duty to notify Spring Gardens that it had not recorded the trust deed or at least to return the unrecorded trust deed to Spring Gardens after it became clear that a closing would not occur, which would have served as timely notice to Spring Gardens that its trust deed had not been recorded. We decline to address those arguments because they were not preserved — or even briefed. See, e.g., Patterson v. Patterson, 2011 UT 68, ¶ 17, 266 P.3d 828 (noting that Utah's appellate courts "have on countless occasions exercised [their] discretion to refuse to consider new issues, arguments, claims, or matters on appeal").