Utah Laches Law

Ute Indian Tribe of the Uintah and Ouray Reservations v. Myton

We’re beginning to think we have an inkling of Sisyphus’s fate. Courts of law exist to resolve disputes so that both sides might move on with their lives. Yet here we are, forty years in, issuing our seventh opinion in the Ute line and still addressing the same arguments we have addressed so many times before. - 2 - Thirty years ago, this court decided all boundary disputes... More...

$0 (08-30-2016 - UT)

Candace Peterson v. John Andrew Armstrong

¶1 John Andrew Armstrong (Husband) appeals from the Fourth District Court's order entering a civil stalking injunction against him and in favor of Candace Peterson (Grandmother). 1. The Honorable Pamela T. Greenwood and Russell W. Bench, Senior Judges, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6). Peterson v. Armstrong Hus... More...

$0 (10-17-2014 - UT)

Andrew Veysey v. Alexis Veyse

¶1 Alexis Veysey (Mother) challenges the district court's adoption of the domestic commissioner's recommendation regarding reimbursement of daycare expenses for the parties' children. We vacate the district court's order and remand for further proceedings. BACKGROUND ¶2 The parties divorced in September 1999. Pursuant to Utah Code section 78B-12-214, the parties' divo... More...

$0 (11-14-2014 - UT)

Lloyd Smith v. Timothy Vern Simas

¶1 Lloyd and Laurie Smith filed suit against Timothy Vern and Christy Leigh Simas claiming that the Simases' house, constructed adjacent to the Smiths' house, violated the Declaration of Covenants, Conditions, and Restrictions recorded against the Simases' property. On appeal, the Smiths challenge the trial court's denial of their requests for injunctive relief, nominal damage... More...

$0 (04-10-2014 - UT)

Charles Albert Warner v. Albert Heber Warner, Jr.

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert "Skipâ€ Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W. Peterson (collectively, the Trustees) appeal from the district court's order that certain trust property be removed from the trust. They also challenge the court's decision to re... More...

$0 (01-24-2014 - UT)

Mark Lawrence Johnson v. Elizabeth Johnson nka Elizabeth Zoric

¶ 1 On certiorari, we consider whether our court of appeals erred when it held that an action to enforce the ongoing right to collect a portion of pension retirement benefits was not barred by the statute of limitations. We also consider whether the court of appeals erred when it determined that the petitioner's argument concerning laches was inadequately briefed according to the standards set by... More...

$0 (06-20-2014 - UT)

Charles Albert Warner v. Albert Heber Warner, Jr.

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert "Skipâ€ Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W. Peterson (collectively, the Trustees) appeal from the district court's order that certain trust property be removed from the trust. They also challenge the court's decision to require the Trustees t... More...

$0 (01-24-2014 - Ut)

Charles Albert Warner v. Albert Heber Warner, Jr.

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert 1. Judge Roger S. Dutson granted the Defendants' summary judgment motion and denied the Plaintiffs' first two motions to amend. Judge W. Brent West denied the Plaintiffs' third motion to amend, granted the relief requested by the Plaintiffs, and entered the ord... More...

$0 (09-19-2013 - UT)

Snow, Christensen & Martineau v. Honorable Denise P. Lindberg

¶1 This case requires us to determine whether an attorneyclient relationship that existed between the United Effort Plan Trust SNOW et al v. HONORABLE LINDBERG Opinion of the Court _____________________________ 1 On June 13, 2011, we stayed the present case pending disposition of the appeal in a related case, Fundamentalist Church of Jesus Christ of Latter-Day Saints v... More...

$0 (03-12-2013 - UT)

Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Thomas C. Horne

The defendants have filed interlocutory appeals from an order of the district court granting a preliminary injunction in favor of plaintiff, an association of individual members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints and beneficiaries of a charitable religious trust ("FLDS Associationâ€). After granting the defendants' motion for an emergency stay pending resolution... More...

$0 (11-06-2012 - UT)

Mark Lawrence Johnson v. Elizabeth Ann Johnson

¶1 This appeal involves the allocation of the military retirement benefit of an employee spouse pursuant to a 1984 divorce decree. Mark Lawrence Johnson, a retiree from the United States Air Force, seeks review of the amount of his military retirement the trial court awarded to his exâ€wife, Elizabeth Ann Zoric. We affirm in part, reverse in part, and remand for further proceedings. B... More...

$0 (01-26-2012 - UT)

Rodney Frank Grgich v. Sharon Grgich

¶1 Rodney Frank Grgich (Husband) appeals the trial court's Order and Judgment Concerning Distribution of Assets and Debts (Order) and its related findings of fact and conclusions of law. Husband argues that the trial court erred in concluding that Sharon Grgich's (Wife) claim to an interest in certain farm property (the farm) was not barred by the statute of limitations, that a 1990 quitclaim dee... More...

$0 (06-30-2011 - UT)

Richard Davis v. Provo City Corporation, et al.

¶1 While the underlying litigation in this case involves multiple issues and parties, this interlocutory appeal concerns only the dismissal of one of Richard Davis's many causes of action. The district court dismissed Mr. Davis's challenge to Provo City's annexation of his land, holding that he did not bring his challenge within the statutory time limit. The district court held that Utah Code sec... More...

$0 (08-28-2008 - UT)

<a href="http://www.kscourts.org/ca10/cases/2007/09/06-4128.pdf" target="_new">General Motors Corporation v. Urban Gorilla, LLC</a>

General Motors Corporation ("GM") appeals from the district court's denial of a motion for preliminary injunction against Urban Gorilla, LLC ("Urban Gorilla"). GM alleges that Urban Gorilla's "body kits" infringe upon and dilute GM's trade dress rights in its Hummer line of vehicles. Because the district court did not abuse its discretion in finding that GM failed to make a strong showing o... More...

$0 (09-20-2007 - UT)

<a href="http://courtlink.utcourts.gov/opinions/appopin/macris_inc.htm" target="_new">Macris & Associates, Inc. v. Neways, Inc., et al.</a>

On April 17, 1991, Macris filed suit against Images and Attitude, Inc. (Images), owned by Mowers, claiming breach of contract.(3) 3 On September 1, 1992, Images sold its assets to Neways. Consequently, on February 14, 1995, Macris filed suit against Neways and Mowers, claiming fraudulent conveyance, successor liability, and alter ego, asserting that the transfer of assets from Images to New... More...

$0 (12-02-2002 - UT)

<a href="http://courtlink.utcourts.gov/opinions/appopin/smith_er.htm" target="_new">Enoch Richard Smith, etc. v. D.A. Osguthorpe, etc.</a>

l1 D.A. Osguthorpe and the D.A. Osguthorpe Family Partnership (collectively the Osguthorpes) appeal the district court's grant of Enoch Richard Smith's motions for summary judgment and denial of the Osguthorpes' motions for summary judgment, to dismiss, and to amend. We affirm in part, and reverse and remand in part. BACKGROUND 2 Prior to 1966, Enoch Smith Jr. (Smith)(1) and D.A. Osgu... More...

$0 (11-07-2002 - UT)

<a href="http://www.kscourts.org/ca10/cases/2002/04/01-4027.htm" target="_new">Gene S. Jacobsen v. Deseret Book Company</a>

Dr. Gene S. Jacobsen was a prisoner of war in the Philippines and Japan during World War II. After returning from military service, Dr. Jacobsen wrote his personal memoir entitled Who Refused to Die. In gripping detail, Who Refused to Die recounts Dr. Jacobsen's survival of the Bataan Death March and subsequent years of imprisonment and torture in various work camps. In 1997, Deseret Book Compa... More...

$0 (04-22-2002 - UT)