Appeal Archives - Divorce Utah

2021 UT 33 – Gillman v. Gillman

July 28, 2021

Appeal, Justice and Equity, Motion Practice, Supreme Court Decisions, Utah, Utah Court Rules, Utah Law

default, default judgment, merits, motion to set aside, Utah Rule of Civil Procedure 55(c), Utah Rule of Civil Procedure 56

IN THE SUPREME COURT OF THE STATE OF UTAH BROOKELYN GILLMAN, CINDY MAUGHAN, CHANCELOR MAUGHAN, AND JOHN MAUGHAN, Appellants, v. GARY WALKER GILLMAN AND LANCE FINN GILLMAN, Appellees. No. 20190404 Heard November 9, 2020 Filed July 22, 2021 On…

Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees

July 2, 2021

Divorce Utah

Appeal, Assets/Debt/Property, Attorney Fees, Best Interest of the Child, Child Custody, Children in Divorce, Co-parenting, Coping With Divorce, Court Orders, Court Rules, Custody, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Physical Custody, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Estate, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parental Fitness, Parental Rights, Parenting Plan, Personal Property, Physical Custody, Preparing for Divorce, Property Division, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

attorney's fees award, interspousal gifts, joint equal physical custody, joint parent-time, joint physical custody, marital property, Nakkina v. Mahanthi - 2021 UT App 63, Utah Court of Appeals

Nakkina v. Mahanthi – 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No.…

Ward v. McGarry – 2021 UT App 51

Ward v. McGarry – 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. Court of Appeals of Utah. Sara WARD, Appellant, v. Meredith MCGARRY, Appellee. …

Do judges sometimes feel overburdened by the responsibilities of their job?

Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges on the bench who are clearly skilled in the law…

I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?

If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are the wife; and you discovered, after you divorced, that your…

State v. Mason – 2021 UT App 41

April 23, 2021

Divorce Utah

Appeal, Contempt of Court, Custody, Women's Divorce Issues

2021, 2021 UT App 41, adjournment, and Cherise Bacalski, appointed counsel, April 8, assistance of counsel, Attorney for Appellee, Attorneys for Appellant, authority, Brent M. Johnson, Cedar City Department, concluded, contempt, contempt of court, contentious, court proceedings, court’s dignity, disobeying orders, disrupting proceedings, Emily Adams, evidence, ex-wife, Fifth District Court, Freyja Johnson, had the ability to comply, in the courtroom, intentionally failed or refused to do so, Judge Matthew L. Bell, judge was still on the bench, knew what was required, necessary, No. 190500085, Opinion No. 20190618-CA, post-divorce proceedings, punishment, Relocation, right, State v. Mason, summary criminal contempt proceedings, summary vindication, THE UTAH COURT OF APPEALS, Utah Code 78B-6-301(1), Utah Code 78B-6-301(5), Von Del Mason Jr.

State v. Mason – 2021 UT App 41 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. VON DEL MASON JR., Appellant. Opinion No. 20190618-CA Filed April 8, 2021 Fifth District Court, Cedar City Department The Honorable Matthew L.…

What do lawyers do if they can’t find case law to support the case at hand?

October 12, 2020

Divorce Utah

Appeal

appellate decisions, authority, case law, law, pound the table, precedent

What do lawyers do if they can’t find case law to support the case at hand? I think what you’re asking is what lawyers do if they cannot find statutes, rules, case law, or compelling reasoning that support their clients’…

2020 UT App 16 – THE UTAH COURT OF APPEALS – lack of jurisdiction

February 10, 2020

Divorce Utah

Appeal, Child Support Modification, Court Rules, Utah Court of Appeals Decisions

2020, 2020 UT App 16, Al-Saleh v. Al-Saleh, final appealable order, January 30, lack of jurisdiction, Patrick Corum, rule 54(b), Third District Court, Utah Court of Appeals, Utah Rules of Civil Procedure

2020 UT App 16 – THE UTAH COURT OF APPEALS NOUR AL-SALEH, Appellee v. ASAAD AL-SALEH, Appellant. Per Curiam Opinion No. 20191013-CA Filed January 30, 2020 Third District Court, Salt Lake Department The Honorable Patrick Corum No. 154905136 Cassandra Elyse…

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

December 9, 2019

Divorce Utah

Alimony and Support, Appeal, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Co-parenting, Custody, Debts, Discovery, Division of Marital Property, Divorce and Taxes, Divorce Law, Divorce Preparedness, Domestic Violence, Fathers' Divorce Issues, Fault, Finances, Joint Legal Custody, Joint Physical Custody, Judges, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Personal Property, Physical Custody, Property Division, Real Estate/Real Property, Sole Custody, Spousal Support, Utah Code, Utah Court of Appeals Decisions, Utah Law, Visitation, Women's Divorce Issues

2019 UT App 195, ability to pay, alimony, appeal, calculating alimony, calculating child support, Child Support, debt, divorce, imputed income, need, property distribution, separate debt, student loans, Utah Court of Appeals, vacate

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The Honorable Camille L. Neider No. 154902227 Julie J. Nelson, Erin…

Oldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment

Oldroyd v. Oldroyd – 2019 UT App 155 – THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20180257-CA Filed September 26, 2019 Second District Court, Morgan Department The Honorable Noel S. Hyde…

Plaia v. Plaia – 2019 UT App 130 – enforcing stipulation, unvested shares, mutual mistake, abuse of discretion

August 6, 2019

Divorce Utah

Appeal, Division of Marital Property, Marital Property, Personal Property, Settlement, Utah Court of Appeals Decisions, Utah Law

abuse of discretion, appeal, divorce proceeding, enforcement of stipulation, marital property, mutual mistake, non-marital property, set aside, unvested shares

Plaia v. Plaia – 2019 UT App 130 THE UTAH COURT OF APPEALS MICHAEL ALLEN PLAIA, Appellee, v. ALINA VICTORIA PLAIA, Appellant. Opinion No. 20170948-CA Filed July 26, 2019 Third District Court, Silver Summit Department The Honorable Kara Pettit No.…

Eberhard v. Eberhard – 2019 UT App 114 – modification of alimony

2019 UT App 114 THE UTAH COURT OF APPEALS TODD EBERHARD, Appellant, v. LORI ANN EBERHARD, Appellee. Opinion No. 20170721-CA Filed June 27, 2019 Third District Court, Salt Lake Department The Honorable Paige Petersen No. 024906303 David Pedrazas, Attorney for…

Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement

June 24, 2019

Divorce Utah

Alimony and Support, Appeal, Court Rules, Division of Marital Property, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Finances, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Motion Practice, Negotiation, Pension, Personal Property, Petition to Modify Decree of Divorce, Procedure and Evidence, Property Division, QDRO (Qualified Domestic Relations Order), Real Estate/Real Property, Retirement Benefits, Separate Property, Settlement, Spousal Support, Termination of Alimony, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 106, 401(k), alimony, both parties represented by counsel, court, DEIDRE SUE JANSON, discretion, divorce action, enforceable, extrinsic evidence, Honorable Andrew H. Stone, IRA, Jamie Carpenter Attorney for Appellant, JEFFREY ALAN JANSON, June 20, Kara L. Barton and Ashley Wood Attorneys for Appellee JUDGE MICHELE M. CHRISTIANSEN FORSTER authored this Opinion, marital home, meeting of the minds, motion to set aside a written stipulation, No. 164906327, Opinion No. 20170541-CA, pension, preserve an issue for appeal., purpose of considering extrinsic evidence, QDRO, Salt Lake Department, THE UTAH COURT OF APPEALS, Third District Court, to clarify ambiguous terms in the contract, Woodward formula

2019 UT App 106 – Janson v. Janson – setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed June 20, 2019 Third District Court, Salt Lake Department The…

2018 UT App 224 – In re Adoption of B.N.A. – wrong district court

May 31, 2019

Divorce Utah

Adoption, Appeal, Jurisdiction, Utah Code, Utah Court of Appeals Decisions, Venue

2018 UT 24, adoption, jurisdiction, State v. Stewart, subject-matter jurisdiction, Utah Code § 78B-6-105(1)(a), Utah Code § 78B-6-124(1)(b), venue

2018 UT App 224 – In re Adoption of B.N.A. THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.N.A., A PERSON UNDER EIGHTEEN YEARS OF AGE C.E.L., Appellant, v. T.L. AND A.L., Appellees. Opinion No. 20180316-CA…

Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker

2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department The Honorable W. Brent West No. 134901221 David Pedrazas, Attorney…

Marroquin v. Marroquin – 2019 UT App 38 – business valuation, findings

Marroquin v Marroquin – 2019 UT App 38 THE UTAH COURT OF APPEALS HEATHER MARROQUIN, Appellant, v. RENSON AMILICAR MARROQUIN, Appellee. Opinion No. 20170454-CA Filed March 14, 2019 Third District Court, Salt Lake Department The Honorable Robert P. Faust No.…

Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property

2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department The Honorable Lynn W. Davis No. 064402132 Danielle Marie Hartvigsen,…

Christensen v. Christensen – 2018 UT App 53 – interpretation of plain meaning of decree

April 2, 2018

Divorce Utah

Alimony and Support, Appeal, Men's Divorce Issues, Utah Court of Appeals Decisions, Women's Divorce Issues

alimony, decree of divorce, interpretation, plain meaning, reduction

2018 UT App 53 THE UTAH COURT OF APPEALS JACQUELINE E. CHRISTENSEN, Appellee, v. JOHN D. CHRISTENSEN, Appellant. Opinion No. 20151084-CA Filed March 29, 2018 First District Court, Logan Department The Honorable Kevin K. Allen No. 064100474 Jonathan P. Thomas,…

Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion

2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department The Honorable Kara L. Pettit No. 114500103 Elizabeth A. Shaffer,…

What is the best way to get the courts to follow the laws already on books and the constitution for custody battles?

January 26, 2018

Divorce Utah

Appeal, Coping With Divorce, Court Rules, Dirty Tricks, Divorce Attorneys, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Evidence, Hiring a Divorce Lawyer, Negotiation, Preparing for Divorce, Procedure and Evidence, Settlement

What is the best way to get the courts to follow the laws already on the books and the constitution for custody battles? To be frank, in my opinion there is not a lot you can do successfully within the…