¶1 Plaintiffs ShaRon and Lynn Williams appeal the district court's grant of Defendants' rule 12(b)(6) motion to dismiss.1 Plaintiffs claim that the trial court erred in (1) concluding that they had failed to state a claim upon which relief could be granted and (2) refusing to allow them to amend their complaint upon granting Defendants' motion to dismiss. Plaintiffs also contend that it was procedurally improper for the trial court to certify its dismissal of Defendants as a final order...  

Robert Versluis appeals the district court's May 23, 2007 order denying his motion to withdraw his guilty pleas. Versluis asserts that his pleas were not knowingly or voluntarily made because his counsel was ineffective for failing to file a motion to suppress evidence and advise him of a possible violation of his constitutional rights... The denial of a motion to withdraw a guilty plea will be reversed only if the trial court abused its discretion and the denial of the motion to withdraw was...  

Appellant E.G. appeals from her adjudication for possession of marijuana and paraphernalia on school grounds. She asserts that the juvenile court erred in admitting certain statements into evidence at the adjudication hearing, alleging that the statements were taken in violation of her Miranda rights. "The court of appeals applies an abuse of discretion standard of review in determining whether a trial court has properly admitted evidence... ... ... ... " Eggett v. Wasatch Energy Corp.,...  

Appellant Andrew J. Hales appeals his convictions and sentence for two counts of possession of a forged writing device and two counts of forgery. Hales's counsel filed a brief in accordance with Anders v. California, 386 U.S. 783 (1967), and State v. Clayton, 639 P.2d 168 (Utah 1981). The brief "objectively demonstate[s] that the issues raised are frivolous." State v. Flores, 855 P.2d 258, 260 (Utah Ct. App. 1993) (per curiam); see also Dunn v. Cook, 791 P.2d 873, 877 (Utah 1990)...  

Don Welch Marsh appeals the district court's February 4, 2008 final order granting Scott C. Marsh's motion for summary judgment. This case is before the court on Scott Marsh's motion for summary disposition... As a general rule, "claims not raised before the trial court may not be raised on appeal." State v. Holgate, 2000 UT 74, ¶ 11, 10 P.3d 346. This preservation rule applies to "every claim, including constitutional questions, unless a defendant can demonstrate that...  

Defendant Robert Copier appeals the district court's final judgment entered on April 25, 2008. This matter is before the court on Plaintiff OSI Collection Services, Inc.'s (OSI) motion for summary disposition... Copier first asserts that the district court erred in dismissing his third-party complaint. Under rule 14 of the Utah Rules of Civil Procedure, a third-party plaintiff "need not obtain leave to make the service if he files the third-party complaint not later than ten days after he...  

Frank L. Sindar appeals from the district court's order dismissing his complaint alleging malfeasance in office against Juvenile Court Judge Sharon P. McCully. This matter is before the court on its own motion for summary disposition on the basis that the issues presented are so insubstantial as to not merit further proceedings. We affirm the district court's order... Sindar filed his complaint against Judge McCully, seeking her removal from office for malfeasance. See generally Utah Code Ann....  

J.V. (Mother) appeals from a permanency order determining that her two teenage children could not be safely returned home, terminating reunification services, and awarding permanent custody and guardianship to a maternal aunt. The juvenile court found that the Division of Child and Family Services made reasonable efforts to accomplish the permanency goal of reunification but that those efforts had been unsuccessful. The juvenile court concluded that the children could not safely return to the...  

INTRODUCTION... ¶1 This case comes before us on appeal from the Third District Court. Plaintiff Overstock.com, Inc., (Overstock) appeals (1) the district court's grant of summary judgment to defendant SmartBargains, Inc. (SmartBargains) holding that SmartBargains' use of Internet pop-up advertisements (pop-ups)1 is not unfair competition and is not tortious interference with Overstock's prospective business relations, and (2) the district court's denial of Overstock's rule 56(f) motion for...  

INTRODUCTION... ¶1 In 2000, Paul Allen was convicted of hiring an accomplice to kill his wife. Following an unsuccessful appeal, Mr. Allen petitioned for post-conviction relief. After his petition was denied by the district court, both on the merits and procedurally, Mr. Allen again appealed to this court. We affirm the ruling of the district court dismissing Mr. Allen's petition for post-conviction relief... BACKGROUND... ¶2 Following a trial for paying to have his wife killed, Mr....  

¶1 We granted certiorari to determine whether the court of appeals was correct in affirming the prospective increases in alimony made by the district court in the alimony order. We hold that the court of appeals was correct, and that the prospective increases in alimony were within the district court's discretion... BACKGROUND... ¶2 In 2003, Respondent Kynda Kay Richardson filed for divorce from Petitioner Kenneth Andrew Richardson. At trial, the district court awarded Respondent...  

¶ 1 On January 30, 2006, Holladay Towne Center, LLC (HTC) filed an application with Holladay City to build a Walgreens drugstore within the city's Holladay Village Center zone (HVC zone). The parties dispute whether HTC's proposal met the HVC zone's then-current zoning requirements. On February 24, the city's Community Development Director, Paul Allred, sent correspondence to HTC requesting that HTC revise its site plan and provide additional information about its proposal. HTC and the...  

Bonnie B. Gray appeals from the district court's order denying her motions to disallow attorney fees and to alter the district court's December 24, 2007 decision under rule 59 of the Utah Rules of Civil Procedure. This case is before the court on its sua sponte motion for summary disposition based upon lack of jurisdiction... "An appeal is improper if it is taken from an order or judgment that is not final, see Utah R. App. P. 3(a), unless it fits within an exception to the final judgment...  

Steve Wallace Carter appeals from his conviction of use of a controlled substance. Carter argues that the district court erred in failing to grant him a hearing on his pro se motion to withdraw his plea and in failing to inquire into his complaints about his attorney. We affirm... Carter first asserts that the district court failed to grant him a hearing after Carter sent several pro se letters to the district court, which Carter asserts should have been construed as motions to withdraw his...  

¶ 1 Charles Brandon Peterson pleaded guilty to one count of assault by a prisoner, a third degree felony, in violation of Utah Code section 76-5-102.5. See Utah Code Ann. § 76-5-102.5 (2003). At the change of plea hearing, the district court told Peterson that any motion to withdraw his guilty plea must be filed in writing prior to the date of sentencing. At sentencing, Peterson's counsel represented that Peterson wished to make a motion to withdraw his guilty plea after his review of...  

¶ 1 The State appeals from a district court order granting post-conviction relief to Juan Carlos Colin. We reverse the district court's order and remand this matter for further proceedings... BACKGROUND... ¶ 2 In 1997, Colin pleaded guilty to a single third degree felony count of attempted forcible sexual abuse. See Utah Code Ann. §§ 76-4-101 (Supp. 2007), 76-4-102 (2003), 76-5-404 (Supp. 2007). Colin was sentenced to zero to five years of imprisonment, but the sentence was...  

R.R. (Father) appeals the termination of his parental rights in D.R. and A.R. Father argues that his parental rights should not have been terminated because he loves his children and desires to take care of them when he is released from prison. Because Father does not attack any specific finding concerning the reasons for terminating his parental rights, we assume that Father argues that the evidence was insufficient to support the juvenile court's finding that it was in the best interests of...  

Michael A. Bacon appeals the trial court's denial of his motion to set aside his sentence and plea based on an alleged breach of the plea agreement. This is before the court on its own motion for summary disposition based on the lack of a substantial question for review... Bacon argued in the trial court that the prosecutor breached the agreement that no officer would make a recommendation to the Board of Pardons when Adult Probation and Parole (AP&P) filed a postsentencing report recommending...  

On December 2, 2004, the district court granted summary judgment in favor of JB Oxford Holdings, Inc. (JBOH). JBOH's counsel prepared proposed orders on two summary judgment motions and two related motions, which were filed and served in May 2005. Plaintiff William R. Stratton filed objections to each of the proposed orders. On August 11, 2005, the district court entered the Order on Defendant's Second Motion in Limine; Order on Defendant's Motion for Partial Summary Judgment Re: Mitigation;...  

Vear L. Brooks appeals from an April 29, 2008 jury verdict. This matter is before the court on its own motion for summary disposition for lack of jurisdiction due to the absence of a final order... Generally, "[a]n appeal is improper if it is taken from an order or judgment that is not final." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. "[U]nder Utah law, a trial court must impose a sentence in order to create a final, appealable order." State v. Walker, 2002 UT App...