Utah Court of Appeals Decisions Archives

2019 UT App 208 – In re E.R. – termination of parental rights

2019 UT App 208 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF E.R., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R., Appellant, v. STATE OF UTAH,Appellee. Opinion No. 20190184-CA Filed December 19, 2019 Fourth District…

2019 UT App 204 – In re H.F. incorrect analysis terminating parental rights

2019 UT App 204 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.F., Appellant, v. E.F., Appellee. Opinion No. 20180348-CA Filed December 12, 2019 Third District Juvenile…

2019 UT App 206 – State v. Alires – ineffective assistance of counsel

January 17, 2020

Divorce Utah

Child Abuse, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law

2019, 2019 UT App 206, aggravated sexual abuse of a child, constitutionally ineffective, convicted, daughter’s friend, December 19, failing to request jury instruction, remand, six counts, trial counsel, UTAH COURT OF APPEALS State v. Alires, vacate convictions, youngest daughter

2019 UT App 206 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. PHILBERT EUGENE ALIRES, Appellant. Opinion No. 20181033-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Adam T. Mow No. 171908080 Ann…

2019 UT App 205, Utah Court of Appeals, State v. Wall – ex-wife murdered

2019 UT App 205 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JOHNNY BRICKMAN WALL, Appellant. Opinion No. 20151017-CA Filed December 12, 2019 Third District Court, Salt Lake Department The Honorable James T. Blanch No. 131903972 Troy…

2019 UT App 202 – State v. Baize – protective order challenge

January 15, 2020

Divorce Utah

Domestic Violence, Men's Divorce Issues, Protective Orders, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

§ 77-36-1.1, 2019, any other form of abuse, cannot attack validity of protective order, child, civil in nature, collateral bar rule, collaterally attack, communicate, contact, December 12, directly, divorced, e-mail, four counts, harassing, indirectly, joint legal custody verbal abuse, mail, married, offended, phone, physical abuse, physically hurting, protective order, Respondent appealed his convictions for violating a protective order and lost. 2019 UT App 202, review for correctness, sole physical custody, stalking, State v. Baize, threatening, unconstitutional prior restraint of speech, unconstitutionally vague, Utah Code Ann. § 76-5-108, Utah Court of Appeals, violating, violating protective order, violence

2019 UT App 202 – THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20180326-CA Filed December 12, 2019 Fourth District Court, American Fork Department The Honorable Roger W. Griffin No. 161100835 Douglas…

2019 UT App 201 – Bradshaw v. Pelley-Whelan – UCCJEA

2019 UT App 201 – Bradshaw v. Pelley-Whelan THE UTAH COURT OF APPEALS CAIRO BRADSHAW, Appellant, v. CHRISTOPHER PELLEY-WHELAN, Appellee. Opinion No. 20181003-CA Filed December 12, 2019 Third District Court, Salt Lake Department The Honorable Royal I. Hansen No. 174906242…

2019 UT App 207 – Peeples v. Peeples – modification of child custody

January 7, 2020

Divorce Utah

Abuse, Best Interest of the Child, Child Abuse, Child Custody, Child Custody Modification, Children in Divorce, Co-parenting, Contempt of Court, Coping With Divorce, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Expert Witnesses, Family Law, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, GAL (Guardian ad Litem), Joint Legal Custody, Mediation, Men's Divorce Issues, Modification of Child Custody, Mothers' Divorce Issues, Negotiation, Parenting Plan, Physical Custody, Procedure and Evidence, Protective Orders, Restraining Orders, Sole Custody, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2019, 2019 UT App 207, best interest, bifurcate, bifurcated decree, children failed to demonstrate substantial change in the circumstances, clear error, custody evaluator, December 19, denied visitation, distinction between stipulated and adjudicated decrees, domestic relations commissioner, emotional, emotional abuse, failed to meet burden to prove change in circumstances, five out of every fourteen, guardian ad litem, in “high conflict” cases burden of demonstrating a change in circumstances is higher than normal, incorrect legal standard decree was stipulated rather than adjudicated, intellectual, joint legal custody, modify divorce decree, moral development, motion to dismiss, no change in circumstances, no separate standard that courts are to apply in high-conflict cases when considering whether a substantial change of circumstances is present in the context of a petition to modify, Opinion No. 20180713-CA, overnights, PEEPLES v. PEEPLES, ping-pong custody awards, presence or absence of a substantial change in circumstances, primary physical custody, protective order, reasonable degree of stability, res judicata, school year, settlement conference, sole custody, sole physical custody, stable employment, stable home environment, summertime, Utah Code Ann. § 30-3-10.4(2)(b), Utah Court of Appeals, violations of decree could be resolved in contempt proceedings, violence

2019 UT App 207 – THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt Lake Department The Honorable Andrew H. Stone No. 044901980 Brian…

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, 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…

State v. Popp – 2019 UT App 173 – divorce and sexual abuse of children

November 13, 2019

Divorce Utah

Child Abuse, Child Custody, Children in Divorce, Sexual Abuse, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law

2019 UT App 173 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. JUSTIN WILLIAM POPP, Appellant. Opinion No. 20180224-CA Filed October 31, 2019 First District Court, Brigham City Department The Honorable Brandon J. Maynard No. 171100138 Staci A.…

In re L.M. – 2019 UT App 174 – reasonable reunification services

November 12, 2019

Divorce Utah

Juvenile Court, Parental Rights, Termination of Parental Rights, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law

DCFS, grounds for termination, parental rights, reasonable reunification services, sufficiency of the evidence, terminate, terminating

2019 UT App 174 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF L.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant v. STATE OF UTAH, Appellee Per Curiam Opinion No. 20190657-CA Filed October 31, 2019…

Is it more important to study statutes or case law?

October 30, 2019

Divorce Utah

Utah Court of Appeals Decisions, Utah Law, Utah Supreme Court Decisions

appellate court, appellate courts, appellate decisions, application, apply, construction, construe, court of appeals, statute, statutes, statutory, supreme court

You must study each, but that does not mean you must devote the same amount of time to each. You must first study the statute to know what the statute provides and to see how you construe the statute before…

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…

In re C.R.C. – 2019 UT App 153 – termination of parental rights

In re C.R.C. – 2019 UT App 153 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF C.R.C., A PERSON UNDER EIGHTEEN YEARS OF AGE. S.C. AND D.C., Appellants, v. STATE OF UTAH, Appellee. Opinion Nos.…

In re N.S. – juvenile court – what constitutes appealable order

September 16, 2019

Divorce Utah

Juvenile Court, Parental Rights, Termination of Parental Rights, Utah Court of Appeals, Utah Court of Appeals Decisions

2019, 2019 UT App 151, adoption, disposition order denied reunification services, Farmington Department, in re N.S., No. 20190555-CA, not final and appealable., Second District Juvenile Court, September 12, set primary permanency goal, THE UTAH COURT OF APPEALS

2019 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF N.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, v. STATE OF UTAH, Appellee. Per Curiam Opinion No. 20190555-CA Filed September 12, 2019…

2019 UT App 147 – McQuarrie v. McQuarrie – termination of alimony

September 3, 2019

Divorce Utah

Alimony and Support, Men's Divorce Issues, Settlement, Spousal Support, Termination of Alimony, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

termination of alimony, Utah Code Ann. § 30-3-5(10), Utah Code Ann. § 30-3-5(9)

2019 UT App 147 – McQuarrie v. McQuarrie THE UTAH COURT OF APPEALS MELVIN C. MCQUARRIE, Appellant and Cross-appellee, v. JANETTE COLLEDGE MCQUARRIE, Appellee and Cross-appellant. Opinion No. 20170956-CA Filed August 29, 2019 Third District Court, Salt Lake Department The…

Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

Martin v. Kristensen – 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26, 2019 Third District Court, Salt Lake Department The Honorable Todd…

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, 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…

Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support

July 3, 2019

Divorce Utah

Attorney Fees, Best Interest of the Child, Child Custody, Child Custody Modification, Child Support, Children in Divorce, Co-parenting, Custody, Custody Evaluation, Divorce Court, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Relations Commissioners, Expert Witnesses, Fathers' Divorce Issues, Findings of Fact and Conclusions of Law, Joint Legal Custody, Joint Physical Custody, Legal Custody, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Parent Time, Petition to Modify Decree of Divorce, Physical Custody, Procedure and Evidence, Relocation, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

2018, 2018 UT App 65, amended decree, April 12, attorney fees on appeal, change elementary schools, commuting by car, custody evaluation, custody evaluator, final say, friends, income imputed, joint physical and legal custody, Judge Richard D. McKelvie, jurisdiction is limited, Margaret S. Edwards Attorney for Appellant, modification of parent-time, modifying child custody, motion for new trial, newly discovered evidence, No. 104901246, not in child’s best interest, notice of appeal, Office of Recovery Services (ORS), Opinion Nos. 20150577-CA and 20160236-CA, past-due child support, petition to modify custody, primary custodial parent, Pulham v. Kirsling, routine, rule 59(a) Utah Rules of Civil Procedure, Steve S. Christensen and Clinton R. Brimhall Attorneys for Appellee, substantial and material change in circumstances, surroundings, Third District Court Salt Lake Department, unnecessary adjustment, Utah Code section 30-3-35, Utah Court of Appeals

Pulham v. Kirsling – 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third District Court, Salt Lake Department The Honorable Richard D. McKelvie…

State v. Harvey – 2019 UT App 108 – lay versus expert testimony

2019 UT App 108 – State v. Harvey – lay versus expert testimony 2019 UT App 108 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, V. RANDY LYNN HARVEY, Appellant. Opinion No. 20170733-CA Filed June 20, 2019 Third District…