Utah Liens Law

United States of America v. Derald Wilford Geddes

Salt Lake City, Utah criminal defense lawyer represented Defendant charged with filing a false tax return, tax evasion and engaging in a corrupt endeavor. Derald Wilford Geddes, of Ogden, was a dentist who owned and operated Mount Ogden Dental PC. From approximately 1998 through 2014, Geddes took numerous steps to evade approximately $1.8 million in back federal income taxes that he owed.... More...

$0 (03-22-2022 - UT)

The Slovak Republic v. Elizabeth R. Loveridge, Chapter 7 Trustee

<center> <img width="300" src="https://www.gsa.gov/ephox_images/slcCourthouse-blurred-large_1396391063940.jpg"> </center> This appeal stems from the Chapter 7 bankruptcy of EuroGas, Inc. (“EuroGas I”). The Slovak Republic, an unsecured creditor who filed a claim in that bankruptcy, appeals the decision of the Tenth Circuit Bankruptcy Appellate Panel (“BAP”) dismissi... More...

$0 (01-04-2019 - UT)

<cenger> Bruce W. Lauritzen v. First American Title Insurance

¶1 Bruce W. Lauritzen purchased five lots of undeveloped real property in Hurricane, Utah based on a description in a recorded subdivision plat map. Lauritzen then purchased title insurance for these lots through First American Title Insurance Company (First American). Subsequently, Lauritzen learned that the plat map had a material defect: one of his lots partially overla... More...

$0 (04-08-2018 - UT)

UTA v. Greyhound

We have long strictly construed contractual provisions that call for one party to indemnify another, requiring that such provisions clearly and unequivocally manifest the intent to do so. In this case, we are asked to consider whether we should also strictly construe a contractual provision requiring one party to procure insurance for the benefit of another. ¶2 We conclude that while an agreemen... More...

$0 (07-31-2015 - UT)

Gary Stokes v. TLCAS, LLC, et al.

¶1 TLCAS, LLC, together with Gary Gee, Marva Gee, and Nancy Gee (collectively, TLCAS) appeals from the trial court's ruling that TLCAS engaged in deceptive and unconscionable practices under the Utah Consumer Sales Practices Act (the UCSPA) and is liable to Auto-Owners Insurance Company (Auto-Owners) for costs related to a dealer's bond and reasonable attorney fees under the terms of an indemnifi... More...

$0 (04-23-2015 - UT)

Total Restoration, Inc. v. Vernon Merritt and Sandra Merritt

¶1 Vernon and Sandra Merritt appeal from the trial court's determination that a mechanics' lien that Total Restoration, Inc. recorded against the Merritts' home was valid and enforceable. Total Restoration recorded the lien after a dispute arose over payment for flood-remediation work that Total Restoration had performed on the home. The Merritts argue that the work Total ... More...

$0 (10-30-2014 - UT)

DePatco, Inc. v. Tetn View Golf Estates, LLC and Idaho Development, LLC

¶1 Teton View Golf Estates, LLC, and Idaho Development, LLC, appeal the trial court's declaratory judgment that, under Utah law, Teton View must pay non-member creditors in full before paying member creditors as it winds up its business and settles its obligations. We affirm. 1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. S... More...

$0 (11-14-2014 - UT)

Jim Nebeker v. Summit County

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker's negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm. BACKGROUND ¶2 John Rhineer was Nebeker's accountant prior to Rhineer's death on November 14, 2003. Later that year, Wells Fargo... More...

$0 (06-12-2014 - UT)

Sundial, Inc. v. The Villages at Wolf Hollow Condominium Homeowner's Association

¶1 Sundial Inc. (Sundial) appeals from a judgment awarding it damages for unjust enrichment on the ground that the trial court failed to include prejudgment interest. We affirm. ¶2 The underlying claim for equitable relief relates to The Villages at Wolf Hollow development, a sixtyâ€four unit condominium project (the Project) in Salt Lake County. The original developer of the Project... More...

$0 (09-12-2013 - UT)

Skypark Airport Association, LLC v. Jay Jensen and Eleanor Jensen

¶1 Defendants challenge various rulings made by the trial court in the course of litigation between Defendants and Skypark Airport Association, LLC (SAA).1 We affirm. 1. Although other plaintiffs are parties to this appeal, we refer to both Skypark Airport Association, LLC individually and all the plaintiffs collectively as SAA for convenience. Skypark Airport v. Jensen BACKGROUND<b... 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)

United States of America v. Robert Tingey, as Trustee for the D.E. Brown Family Trust

The district court permitted the government to foreclose on federal tax liens on a ski cabin (the Ski Cabin) titled in the name of the D.E. Brown Family Trust (Family Trust), whose beneficiaries were Douglas Brown's wife and children. The taxes were owed by Douglas Brown (Brown) and his wife (together, the Browns), not the trust, but the court found that the Browns were the beneficial owner... More...

$0 (05-29-2013 - UT)

Osmond Lane Homeowners Association v. George C. Landrith, Jr.

¶1 Among other issues, George C. Landrith Jr. appeals the trial court's denial of his motion for summary judgment and its grant of partial summary judgment in favor of the Osmond Lane Homeowners Association. Additionally, Landrith appeals the trial court's grant of the Association's motion for a directed verdict on several of his defenses. We affirm. BACKGROUND ¶2 In 1977, a Declar... More...

$0 (01-25-2013 - UT)

Jay Jensen v. Skypark Landowners Association

¶1 Plaintiffs (collectively Jensen) appeal the entry of judgment in favor of Skypark Landowners Association (Skypark). Specifically, they challenge the trial court's grant of summary judgment in favor of Skypark, the denial of Jensen's motion for partial summary judgment, and the award of attorney fees incurred in the action. We affirm. ¶2 Jensen asserts that the trial court erred in gran... More...

$0 (02-28-2013 - UT)

Isaac McQueen v. Jordan Pines Townhomes Owners Association, Inc.

¶1 Defendant Jordan Pines Townhomes Owners Association, Inc. appeals the district court's grant of partial summary judgment in favor of plaintiff, Isaac McQueen. McQueen crossâ€appeals the district court's denial of his requested attorney fees. We affirm. BACKGROUND ¶2 Jordan Pines Townhomes Owners Association, Inc. (the Association) is a condominium association located in Wes... More...

$0 (02-28-2013 - UT)

Supernova Media, Inc. v. Shannon's Rainbow, LLC

¶1 Supernova Media, Inc., and Joycelyn Engle appeal the denial of their motions to intervene as of right in two district court cases that we consolidate for purposes of this opinion. They also appeal the partial sealing of the record in one of the cases. We reverse the denial of the motions to intervene and set aside the sealing order. We remand for the district court to consolidate the cases and... More...

$0 (02-15-2013 - UT)

VCS, Inc. v LaSalle Development, LLC

¶1 VCS, Inc. claims it acquired a valid mechanic's lien on an Ogden subdivision by performing work as a general contractor. Utah Community Bank (UCB) claims an interest in the same Og-den subdivision, an interest it acquired by extending a construc-tion loanâ€”secured by a deed of trustâ€”to the subdivision's owner. ¶2 This case involves a dispute over the validity of VCS's me-c... More...

$0 (12-11-2012 - UT)

In re: Kenneth Woolsey; Stephanie Woolsey

Like so many these days, Stephanie and Kenneth Woolsey owe more money on their home than it's worth. In fact, the value of their home doesn't come close to covering the balance due on their first mortgage, much less the amount they owe on a second. And it's that second mortgage, held by Citibank, at the center of our case. After the Woolseys sought shelter in bankruptcy, they prepared a Chapter 13... More...

$0 (09-05-2012 - UT)

Jerome Wilson v. IHC Hospitals, Inc. d/b/a Utah Valley Regional Medical Center

¶ 1 This case involves a medical malpractice lawsuit brought by Jerome Wilson and Leilani Wilson on behalf of their son, Jared. The Wilsons allege that employees of IHC Hospitals, Inc. (IHC) breached their duty of care during Ms. Wilson's labor and delivery of Jared. The Wilsons further claim that IHC's negligence caused Jared to suffer severe brain damage. The Wilsons tried their claims to a jur... More...

$0 (07-20-2012 - UT)

Camco Construction, Inc. v. Utah Baseball Academy, Inc.

¶1 In this interlocutory appeal, Athletic Performance Institute, L.L.C., Utah Baseball Academy, Inc., and Robert Keyes (collectively, "APIâ€) ask us to overturn the district court's order, which denied API's motion to disqualify the district court judge, the Honorable Anthony Quinn, after he was exposed to confidential arbitration materials. Because we conclude that API's motion to disqualif... More...

$0 (11-16-2010 - UT)

Judith W. Maynard v. Bryan W. Cannon, P.C.

This appeal requires us to consider whether a Utah law firm violated a homeowner's rights under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. Â§ 1692 et. seq., when it attempted to foreclose on a mortgage in arrears. The law firm commenced a non-judicial foreclosure action against the homeowner by filing a notice and claim as required by Utah law. In response to the homeowne... More...

$0 (11-10-2010 - UT)

Mid-America Pipeline Company and Williams Field Services Company v. Four-Four, Inc.

¶1 Appellants Mid-America Pipeline Company and Williams Field Services Company (Mid-America1) ask us to determine whether the claims it wishes to file in a Third Amended Complaint comply with the terms of a release agreement it entered into with Appellee Four-Four, Inc. (Four-Four). It also asks us to determine whether the district court violated the law of the case by holding that those claims a... More...

$0 (07-21-2009 - UT)

Virginia Hill v. Estate of Owen A. Allred, et al.

¶1 Virginia Hill appeals the order of the district court awarding her damages on her claims of civil conspiracy, conversion, and fraudulent misrepresentation and denying her claims of money laundering and racketeering. Defendants crossappeal, challenging the district court's award of damages. We affirm in part and reverse in part. FACTUAL BACKGROUND ¶2 The district court made e... More...

$0 (05-01-2009 - UT)

Doug Jessop Construction, Inc. dba Sage Builders v. Joseph D. Anderton and Prime Time Marketing Services, Inc.

¶1 This appeal concerns the trial court's determination that a notice of interest and two lis pendenses recorded by the Appellants were wrongful liens under the Utah Wrongful Lien Act. Although this appeal suggests the existence of interesting questions about whether a notice of interest or a lis pendens can be considered a "lien" for purposes of the applicable version of the Act and whether a bu... More...

$0 (10-02-2008 - UT)

Nature's Sunshine Products, Inc. v. Wayne B. Watson and MoneyCode, Inc.

1 Wayne B. Watson appeals the district court's grant of summary judgment in favor of Nature's Sunshine Products, Inc. The appeal raises an important issue about the extent to which a trust deed's dragnet clause will secure new indebtedness. We affirm. BACKGROUND1 2 On November 23, 1987, Watson gave a promissory note to First Security Bank memorializing a home equity line of credi... More...

$0 (12-06-2007 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/jacobs011405.htm" target="_new">Jacobsen Construction Company, Inc. v. Teton Builders, et al.</a>

1 In this appeal we must determine whether a Utah court may properly exercise personal jurisdiction over two Wyoming defendants on the basis of a forum selection clause contained in a contract between those defendants and a Utah plaintiff. We conclude that the contractual agreement to litigate all claims in Utah is enforceable. Further, because the plaintiff's primary place of business is in... More...

$0 (02-15-2005 - UT)

<a href="http://www.kscourts.org/ca10/cases/2004/06/03-4086.htm" target="_new">Lifewise Master Funding, et al. v. Telebank, now known as E Trade Bank, a federally chartered savings bank</a>

Plaintiffs-Appellants LifeWise Master Funding, LLC and LifeWise Family Financial Security, Inc. (collectively "LifeWise") appeal the district court's grant of judgment as a matter of law and summary judgment against them in their breach of contract claim against Defendant-Appellee E*TRADE Bank ("E*TRADE"). The district court held that (1) LifeWise failed to satisfy a condition precedent to E*T... More...

$0 (06-29-2004 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/mahana070904.htm" target="_new">Chris S. Mahana and Rick Warner Toyota v. Onyx Acceptance Corporation and GLS Recovery, Inc.</a>

1 This appeal arises from a dispute over the rightful ownership of a 1994 Mazda pickup truck. Shortly after purchasing and financing the truck in California, the purchasers disappeared and defaulted on their loan payments. The truck surfaced in Arizona, where it was sold several times. It then made its way to Utah, where nineteen-year-old Chris Mahana purchased it from Rick Warner Toyota. Thre... More...

$46880 (07-09-2004 - UT)

<a href="http://www.kscourts.org/ca10/cases/2004/04/02-4248.htm" taget="_new">Jones, Waldo, Holbrook & McDonough, et al. v. David G. Cade</a>

David G. Cade appeals from the district court's grant of summary judgment and disbursement of funds in favor of appellees. Cade argues that the district court erred by (1) failing to manifest substantial justice in the administration and disposition of this case; and (2) deciding six motions for summary judgment in favor of appellees when material questions of fact remained. Exercising jurisdic... More...

$1750000 (04-18-2004 - UT)

<a href="http://www.utcourts.gov/opinions/appopin/chapman111403.htm" target="_new">Nile Chapman, et al. v. Uintah County, et al.</a>

Nile Chapman, Roger Chapman, and Gordon Harmston, as trustee for the Eugene Harmston Trust (collectively, Chapman), appeal a jury verdict, finding that a road adjacent to Chapman's property was a Uintah County public road. Chapman also appeals a grant of summary judgment to Commonwealth Land Title Insurance Company and Basin Land Title & Abstract, Inc. (collectively, Commonwealth). We affirm. <... More...

$0 (11-20-2003 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/grynberg032103.htm" target="_new">Jack J. Grynberg et al. v. Questar Pipeline Company et al.</a>

3 The Grynbergs own working interests in natural gas wells located in Wyoming and Colorado. In 1971, the Grynbergs signed a gas purchase agreement with Mountain Fuel Supply Company, predecessor in interest to Questar Pipeline Company, for the sale of gas from the Colorado wells (Colorado Contract). In April and June of 1974, the Grynbergs signed three more gas purchase agreements with Mountain ... More...

$0 (03-21-2003 - UT)

<a href="http://courtlink.utcourts.gov/opinions/supopin/hought~1.htm" target="_new">Paul Houghton, et al. v. Department of Health, et al.</a>

1 This appeal concerns priority liens and attorney fees related to Medicaid recipients' settlements with third parties. In this class action lawsuit, the district court certified two classes of plaintiffs, both of which contend on appeal that the State's priority lien on plaintiffs' settlement proceeds violates federal law and that the district court erred in granting the State's motion for judgme... More...

$0 (10-22-2002 - UT)

<a href="http://www.kscourts.org/ca10/cases/2002/09/01-4084.htm" target="_new">Eric R. Brown, et al. v. Millard County, Utah, et al.</a>

In December 1996, Joe Penney and his wife Sandy entered into an oral agreement to sell a home located at 145 South Main, Kenosh, Utah (the "property"), to plaintiffs Eric and Laurie Brown.(1) This agreement was later memorialized in a short written contract, on or about February 1, 1997. The Browns began living in the property in January 1997. The parties set a tentative closing date, which... More...

$0 (09-23-2002 - UT)

<a href="http://courtlink.utcourts.gov/opinions/appopin/whipple.htm" target="_new">A.K. & R. Whipple Plumbing and Heating v. Thomas D. Guy; and Aspen Construction</a>

1 Aspen Construction (Aspen) appeals from the final judgment (on remand from the Utah Court of Appeals) of the Third District Court denying A.K. & R. Whipple Plumbing & Heating's (Whipple) claim for foreclosure of its $30,647.20 mechanics' lien claim, entering a net judgment against Whipple in the amount of $527.00, and declining to award Aspen attorney fees. 2 The initial appeal and the subseq... More...

$30647 (03-19-2002 - UT)

<a href="http://www.in.gov/judiciary/opinions/completed/01180201.lmb.html" target="_new">Gus Goldsmith v. Amy Jones, et al.</a>

Goldsmith presents for review a single issue, which we restate as: whether the trial court abused its discretion in denying Goldsmith relief pursuant to Indiana Trial Rule 60(B). <center>Facts</center> On January 3, 2001, Goldsmith filed a complaint against Jones, seeking to foreclose a mortgage granted on October 19, 1999 and having an outstanding principal balance of $70,881.60. (Ap... More...

$70882 (01-18-2002 - UT)

A.K. & R. Whipple Plumbing and Heating v. Aspen Construction, Thomas D. Guy, Claire B. Guy, and Diane M. Quinn.

In 1993, Aspen, a general contractor, entered into an agreement with Whipple, a licensed plumbing contractor, to provide labor and materials for HVAC and plumbing work on three separate properties. When problems arose with the HVAC work on one of the properties, Aspen discharged Whipple and refused to remit any further payment until corrections were made. Whipple responded by filing mechanics' lie... More...

$14643 (04-08-1999 - UT)