Utah Court of Appeals Decisions Archives

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

November 12, 2019

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…

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, 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…

2019 UT App 104 – Ross v. Ross – § 30-3-37 relocation

2019 UT App 104 – Ross v. Ross THE UTAH COURT OF APPEALS JESSECA RAE ROSS, Appellee, v. TIMOTHY RONALD ROSS,Appellant. Opinion No. 20170916-CA Filed June 13, 2019 Third District Court, Salt Lake Department The Honorable Su Chon No. 154901171…

In re adoption of B.H. – 2019 UT App 103 – UCCJEA and ICPC

In re adoption of B.H. 2019 UT App 103 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.H., A PERSON UNDER EIGHTEEN YEARS OF AGE.P.H. AND A.D., Appellees, v. C.S., Appellant. Opinion No. 20171038-CA Filed June…

In re C.S. – 2019 UT App 98 – juvenile court – Utah Code § 78A-6-307

June 13, 2019

Divorce Utah

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

additional findings, juvenile court, permanent transfers of custody and guardianship, placement provisions, post-judgment request, Utah Code section 78A-6-307

THE UTAH COURT OF APPEALS – In re C.S. – 2019 UT App 98 STATE OF UTAH, IN THE INTEREST OF C.S., C.S., AND C.S., PERSONS UNDER EIGHTEEN YEARS OF AGE. M.C.W., Appellant, v. STATE OF UTAH, Appellee. Opinion No.…

Wollsieffer v. Wollsieffer – 2019 UT App 99 – modifying child support

THE UTAH COURT OF APPEALS BURRIS WOLLSIEFFER, Appellant, v. HEATHER WOLLSIEFFER, Appellee. Opinion No. 20170645-CA Filed June 6, 2019 Third District Court, Salt Lake Department The Honorable Matthew Bates No. 154905336 Burris Wollsieffer, Appellant Pro Se Courtney Cooper, Ryan A.…

Kirkham v. Widdison – 2019 UT App 97 – tax issues in divorce

Kirkham v. Widdison – 2019 UT App 97 THE UTAH COURT OF APPEALS JANAE A. KIRKHAM, Appellant, v. JAMIE WIDDISON, HRB TAX GROUP, GRACE HANSEN, BONNY WIDDISON, AND ALPINE GARDENS INC., Appellees. Opinion No. 20170655-CA Filed June 6, 2019 Third…

Higley v. Buhler – 2019 UT App 96 – civil stalking injunction

Higley v. Buhler – 2019 UT App 96 THE UTAH COURT OF APPEALS JEDEDIAH WELLS HIGLEY, Appellee, v. BRYAN DEAN BUHLER,Appellant. Per Curiam Opinion No. 20180925-CA Filed June 6, 2019 First District Court, Logan Department The Honorable Brian G. Cannell…

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, 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…

2018 UT App 210 – Silva v. Silva – sheriff’s sale, attorney fees

May 30, 2019

Divorce Utah

Court Rules, Marital Property, Residency, Utah Court of Appeals, Utah Court of Appeals Decisions

default, excusable neglect, notice, Rule 60(b), Rule 69(B)(d), sheriff's sale

2018 UT App 210 – Silva v. Silva THE UTAH COURT OF APPEALS DAVID SILVA, Appellee, v. BONNIE SILVA, Appellant. Opinion No. 20160171-CA Filed November 8, 2018 Third District Court, Salt Lake Department The Honorable Robert P. Faust No. 140908706…