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Utah Court of Appeals Decisions

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Volk v. Vecchi – 2020 UT App 77 – common law marriage

May 20, 2020

Common Law Marriage, Men's Divorce Issues, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Women's Divorce Issues

2020 UT App 77, common law marriage, elements, reputation, Utah Code Section 30-1-4.5, Volk v. Vecchi

2020 UT App 77 THE UTAH COURT OF APPEALS CARMELITA VOLK, Appellee, v. JOHN VECCHI, Appellant. Opinion No. 20180776-CA Filed May 14, 2020 Third District Court, West Jordan Department The Honorable James D. Gardner No. 154907478 David S. Pace, Attorney…

2020 UT App 73 – Utah Court of Appeals – civil stalking, contempt, intent

2020 UT App 73 THE UTAH COURT OF APPEALS ALICIA W. KOEHLER, Appellee, MARK STEWART ALLEN, Appellant. Opinion No. 20190395-CA Filed May 7, 2020 Fourth District Court, Provo Department The Honorable M. James Brady No. 160400655 Scott N. Weight, Attorney…

In re D.M. – 2020 UT App 59 – termination of parental rights

April 13, 2020

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

2020 UT App 59 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF D.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. D.M., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190470-CA Filed April 9, 2020 Third District…

2020 UT App 52 – In re J.M. – termination of parental rights

April 3, 2020

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

2020 UT App 52 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.M. AND M.M., PERSONS UNDER EIGHTEEN YEARS OF AGE. M.M., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190673-CA Filed March 26, 2020 Third…

2020 UT App 50 – In A.T. – parental presumption erroneously applied

April 2, 2020

Juvenile Court, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law

Hutchison, juvenile court, natural parents, parental presumption, reunification, termination

2020 UT App 50 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF A.T., J.T., AND K.B., PERSONS UNDER EIGHTEEN YEARS OF AGE. K.B., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20190591-CA Filed March 26, 2020…

2020 UT App 35 – V.M. v. Division of Child and Family Services

March 10, 2020

Juvenile Court, Sexual Abuse, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Court Rules, Utah Law

child, DCFS, evidence, juvenile court, legal error, sexual abuse, substantiation

2020 UT App 35 THE UTAH COURT OF APPEALS V.M., Appellant, v. DIVISION OF CHILD AND FAMILY SERVICES, Appellee. Opinion No. 20180906-CA Filed March 5, 2020 Fourth District Juvenile Court, Provo Department The Honorable Brent H. Bartholomew No. 1155142 Andrew…

2020 UT App 34 – Petrzelka v. Goodwin – alimony, income, retirement funds

2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The Honorable Thomas Willmore No. 164100050 Ashley E. Bown, Attorney for…

2020 UT App 21 – UTAH COURT OF APPEALS – common law marriage

2020 UT App 21 – THE UTAH COURT OF APPEALS JULIE RIVET, Appellant, v. LOUIS HOPPIE, Appellee. Opinion No. 20181018-CA Filed February 13, 2020 First District Court, Logan Department The Honorable Brian G. Cannell No. 164100697 Marlin J. Grant, Attorney…

In re G.J.P. – 2020 UT 4 – UTAH SUPREME COURT

February 13, 2020

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

appointment, guardian ad litem, juvenile court, Office of Public Guardian, OPG, parental rights, termination

This opinion is subject to revision before final publication in the Pacific Reporter In re G.J.P. – 2020 UT 4 – IN THE SUPREME COURT OF THE STATE OF UTAH OFFICE OF PUBLIC GUARDIAN, Petitioner, v. The HONORABLE JUDGE JULIE…

2020 UT App 14 – UTAH COURT OF APPEALS – QDRO drafting, rule 60(b)

February 11, 2020

Court Rules, Marital Property, Men's Divorce Issues, Modification of Decree of Divorce, Property Division, QDRO (Qualified Domestic Relations Order), Retirement Benefits, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

2020 First District Court, January 24, Judge Thomas Willmore, QDRO, qualified domestic relations order, Rule 60(b)

2020 UT App 14 – THE UTAH COURT OF APPEALS REGGIE ANN PECK, Appellee v. KEVIN SCOTT PECK, Appellant. Opinion No. 20180732-CA Filed January 24, 2020 First District Court, Logan Department The Honorable Thomas Willmore No. 094100623 David Pedrazas, Attorney…

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

February 10, 2020

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

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

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

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

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

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

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.…

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