By the power of the king and the law.
Court of Appeals of Utah Court Cases
State v. Sery (1988)
Defendant Mark Joseph Sery appeals his conviction for unlawful possession of a controlled substance, a third degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (1986). We reverse the trial court's denial of defendant's suppression motion and remand for withdrawal of the plea of no contest underlying the judgment of conviction.
Court: Court of Appeals of Utah Docket: 860333-CA
Administrative Law Judge Gilbert A. Martinez denied Helen Lamoreaux's claim for workers' compensation benefits. The Industrial Commission reversed the A.L.J. and granted the claim. Varian-Eimac, Inc., (Varian) Lamoreaux's former employer, appeals the Commission's ruling.
Court: Court of Appeals of Utah Docket: 870344-CA
This case is before this Court as a consolidation of three appeals, Docket Nos. 870488-CA, 880032-CA, and 880038-CA. Generally, appellant Carl F. Schettler ("Schettler") appeals from a summary judgment dismissing his counterclaim and third-party complaints on the merits. Schettler also appeals the entry of his default as a sanction for failing to comply with court-ordered discovery and the awarding of compensatory and punitive damages to respondent, Amica Mutual Insurance Company ("Amica"). [...]
Court: Court of Appeals of Utah Docket: 870488-CA
Petitioner Grace Drilling Company appeals from the decision of the Board of Review of the Industrial Commission ("Board") awarding Gordon E. Goodale unemployment compensation benefits. The Board concluded Mr. Goodale was not discharged from his employment for disqualifying conduct under Utah Code Ann. § 35-4-5(b)(1) (1988). We affirm the Board's determination.
Court: Court of Appeals of Utah Docket: 880572-CA
¶ 1 Cristobal and Elida Serrato (Serratos) appeal from the trial court's determination that they failed to comply with the notice of claim requirements of the Utah Governmental Immunity Act and that they cannot refile their claim under Utah Code Ann. § 70-12-40 (1996) (savings statute). The Utah Transit Authority (UTA) and Lance K. Sargent (Sargent) cross-appeal from the trial court's order granting the Serratos an extension of time to appeal.
Court: Court of Appeals of Utah Docket: 990951-CA
State v. Montes (1991)
Defendant Thomas Montes appeals from a conviction of burglary, a third degree felony, in violation of Utah Code Ann. § 76-6-202 (1990), and theft, a second degree felony, in violation of Utah Code Ann. § 76-6-404 (1990). Montes claims he was denied his sixth amendment right to effective counsel. We affirm.
Court: Court of Appeals of Utah Docket: 890336-CA
Majestic Investment Corporation held interests in two parcels of property located in West Valley City which Majestic leased from Henry S. Pickrell and Barbara M. Pickrell. Majestic built two commercial buildings on the property and leased them in turn to Prudential Federal Savings and Loan and The Lockhart Company. West Valley City brought this action to condemn Majestic's interests by right of eminent domain. West Valley City had previously acquired the Pickrells' interests in the property.
Court: Court of Appeals of Utah Docket: 890379-CA
State v. Webb (1990)
Defendant Charles Webb challenges his jury conviction of aggravated robbery, a first degree felony in violation of Utah Code Ann. § 76-6-302 (1978). He raises the following substantial issues: denial of effective assistance of counsel; illegal search of his apartment and of his mate's purse; and insufficiency of the evidence. He also challenges the sentence imposed. We affirm the conviction, but remand the case with instructions to correct the sentence.
Court: Court of Appeals of Utah Docket: 890256-CA
In February 1986, an underground water pipe ruptured on the premises of the Village Inn Apartments in Cedar City, Utah. The escaping water saturated the soil beneath the apartments and caused the foundation of the apartments to settle almost eight inches. Repair costs were estimated to be $70,000.
Court: Court of Appeals of Utah Docket: 880632-CA
State v. Archambeau (1991)
Defendant George B. Archambeau appeals his conviction for possession of a dangerous weapon by a restricted person, a third-degree felony, in violation of Utah Code Ann. §§ 76-10-501(2)(a) and -503(2) (Supp. 1988). We affirm.
Court: Court of Appeals of Utah Docket: 900564-CA
Bell v. Bell (1991)
Appellant Michele McIver Bell (Wife), and Appellee Harold Freeman Bell (Husband), were married in 1979 at Logan, Utah. One child, age six at the time of the divorce, was born during the marriage.
Court: Court of Appeals of Utah Docket: 900183-CA
Petitioner Mark King seeks reversal of an Order of the Industrial Commission of Utah denying him temporary total disability compensation for the period of his incarceration at the Utah State Prison and for the period after his release until corrective surgery was performed. We reverse and remand for the calculation and payment of benefits.
Court: Court of Appeals of Utah Docket: 920464-CA
James v. Preston (1987)
The trial court dismissed plaintiff/appellant Clifford James' suit on a trust deed on the basis that the trust deed was defective and that the debt upon which it was based was discharged in defendant/respondent Wayne R. Preston's bankruptcy action. James seeks to have the judgment of dismissal reversed.
Court: Court of Appeals of Utah Docket: 860091-CA
Colman v. Colman (1987)
Defendant/appellant William J. Colman appeals from a property settlement judgment in favor of plaintiff/respondent Phyllis E. Colman stemming from their 1977 divorce. He seeks reversal of the judgment.
Court: Court of Appeals of Utah Docket: 860325-CA
Taylor v. Estate of Taylor (1989)Wendell Taylor appeals the trial court's entry of summary judgment against him. Wendell argues that 1) summary judgment was inappropriate due to unresolved issues of material fact regarding the validity of his deceased brother's alleged will; 2) a document favorable to him should be given effect as his brother's will, even though it does not strictly comply with the Utah Probate Code; and 3) the trial court erred in ordering Wendell to pay a portion of defendant's attorney fees. We affirm in [...]
Court: Court of Appeals of Utah Docket: 880136-CA
State v. Bobo (1990)Defendant appeals his convictions for possession of a controlled substance with intent to distribute, a second degree felony, and unlawful possession of controlled substances without tax stamps affixed, a third degree felony. Defendant's conviction was affirmed by this court in State v. Bobo, 131 Utah Adv.Rep. 25 (Utah Ct.App. 1990) (per curiam), on the ground the claimed conditional nature of defendant's guilty plea was not shown in the record. Id. at 25. See State v. Sery, 758 P.2d 935, 938 [...]
Court: Court of Appeals of Utah Docket: 890606-CA
State v. Robinson (1990)Defendants Kim Alexander P. Robinson and Francis Xavier Towers appeal their third-degree felony convictions of unlawful possession of a controlled substance, in violation of Utah Code Ann. § 58-37-8 (1990), and possession of a controlled substance without tax stamps affixed, in violation of Utah Code Ann. § 59-19-106 (Supp. 1990). On appeal, they challenge the trial court's denial of their motion to suppress and they assert that the Illegal Drug Tax Stamp Act, sections 59-19-101 to -107, [...]
Court: Court of Appeals of Utah Docket: 890053-CA
State v. Bello (1994)
James Ronald Bello appeals his conviction for possession of a controlled substance, a second degree felony, in violation of Utah Code Ann. § 58-37-8(2)(a)(i) (1990). We reverse the trial court's denial of Bello's motion to suppress the evidence and remand for further proceedings.
Court: Court of Appeals of Utah Docket: 920830-CA
Sampson v. Richins (1989)Plaintiff-appellant, John P. Sampson, appeals the money judgment entered against him in favor of defendants-respondents, Richtron, Inc., Richtron Financial Corporation, and Richtron General (referred to collectively throughout this opinion as "Richtron"). The trial court found Sampson intentionally interfered with Richtron's economic relations and awarded judgment to 1) Richtron Financial Corporation, as a limited partner, in the amount of $30,974.50, 2) Richtron, Inc., as a limited partner, in [...]
Court: Court of Appeals of Utah Docket: 880257-CA
Fay I. Pixton (Pixton) appeals from the summary judgment dismissing her claims against State Farm Mutual Automobile Insurance Company (State Farm) based on breach of contract, breach of an implied covenant of good faith and fair dealing, and fraud. We affirm.
Court: Court of Appeals of Utah Docket: 900119-CA