¶1 Defendant Sergio Escamilla-Hernandez appeals his convictions of two counts of aggravated sexual abuse of a child, a first degree felony, in violation of Utah Code section 76-5-404.1. See Utah Code Ann. § 76-5-404.1 (Supp. 2008). Specifically, Defendant asserts that his double jeopardy protections were violated when he was convicted twice for sexually abusing a child, even though the abuse occurred during a single encounter. We affirm... BACKGROUND1... ¶2 In June 2004,...  

¶1 Holladay Towne Center, LLC (HTC) appeals from the district court's judgment dismissing HTC's declaratory judgment, breach of contract, and specific performance claims against Brown Family Holdings, LC (the Browns). The Browns cross-appeal, challenging as error the district court's conclusion that certain actions taken by HTC did not constitute a material breach of contract, as was counterclaimed by the Browns. We affirm the district court's judgment as to both HTC's claims and the...  

Jamie R. Ballard nka Jamie R. Robinson, appeals from several postjudgment orders which were entered by the district court on July 1, 2008. This case is before the court on its sua sponte motion for summary disposition based on 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 rule." Bradbury v. Valencia, 2000 UT 50, ¶ 9, 5 P.3d 649. "For an...  

Russell Scott appeals the trial court's order denying his motions to set aside prior orders of the court. This is before the court on Appellee Lorri Naegle Scott's motion for summary disposition... Although Scott timely filed his appeal from the January 2008 order, in his appeal brief he directly attacks prior orders of the court. Scott does not address the trial court's order from which he appeals but, rather, argues his position anew challenging other orders. The final order in the divorce...  

¶1 We have been asked to determine whether a divided panel of the court of appeals erred in reversing the trial court's grant of summary judgment to White Water Whirlpool. We affirm... BACKGROUND... ¶2 In 2004, Bradley Sundquist was working as an installer for White Water Whirlpool (White Water), a company that manufactures, sells, and installs a variety of marble products, countertops, and tile. As part of his employment, Sundquist was required to travel from his home in Salt Lake...  

¶1 Defendant Ozwald Balfour seeks interlocutory review of the trial court's denial of his three motions: (1) Motion to Quash Bindover; (2) Motion to Sever Counts; and (3) Motion to Disqualify District Attorney's Office. We affirm the trial court's rulings on the first and third motions, and we affirm in part and reverse in part its ruling on the second motion... BACKGROUND... ¶2 On February 8, 2005, the State charged Balfour by information with two counts of forcible sexual abuse, a...  

A.D. (Father) appeals the juvenile court's adjudication order finding that Father abused J.D. We affirm... A juvenile court's findings of fact will not be overturned unless they are clearly erroneous. See In re E.R., 2001 UT App 66, ¶ 11, 21 P.3d 680. A finding of fact is clearly erroneous only when, in light of the evidence supporting the finding, it is against the clear weight of the evidence. See id. Additionally, a juvenile court has broad discretion regarding judgments, based on the...  

Defendant Gregory Jenkins appeals his convictions for possession of methamphetamine in a drug-free zone, a second degree felony, see Utah Code Ann. §§ 58-37-8(2)(a)(i), (4)(a)(i) (Supp. 2008), and possession of drug paraphernalia in a drug-free zone, a class A misdemeanor, see id. §§ 58-37a-5(1), 58-37-8(4)(a)(i). Defendant argues on appeal that the trial court erred when it denied his motion to suppress the evidence obtained during an allegedly illegal seizure. We affirm......  

David A. Errigo appeals from the district court's protective order in favor of Errigo's sister, Carol Thurgood. We affirm... "As an appellate court, our `power of review is strictly limited to the record presented on appeal.'" Gorostieta v. Parkinson, 2000 UT 99, ¶ 16, 17 P.3d 1110. In simple terms, this means that this court is limited to reviewing solely the evidence reviewed by the district court. See Utah R. App. P. 11(a) (describing composition of the record on appeal)....  

¶1 Davis County (the County) appeals the district court's order granting summary judgment in favor of Progressive Northwestern Insurance Co. (Progressive). We affirm... BACKGROUND... ¶2 In a related proceeding, the County sued James Jensen, the tortfeasor, and his insurer, Progressive, claiming that Progressive must reimburse the County for the intentional act committed by Progressive's insured.1 The trial court granted summary judgment in favor of Progressive, concluding that due to...  

Dennis Neils Madsen appeals the district court's order granting summary judgment to the State of Utah, Office of Recovery Services (ORS). We affirm... Madsen first asserts that he was denied equal protection of the law because he is being forced to support a child he does not want while women have choices that allow them to completely absolve themselves of parental responsibility. Such argument is not a valid defense to ORS's petition and subsequent motion for summary judgment. ORS's petition...  

Larry Tinker appeals the district court's order entered on August 19, 2008. This matter is before the court on Appellees' 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. For an order or judgment to be final, it must "dispose of all parties or claims to an action." Id. ¶ 10. The...  

Defendant Robert Brian Pedockie was convicted of aggravated kidnapping. The trial court imposed an indeterminate prison term of ten-years-to-life and ordered that the sentence run consecutively to the sentence Defendant was then serving. The trial court also ordered that Defendant be given credit for time served, although Defendant had not requested it. Defendant appealed his conviction, and the case was remanded for a new trial... Prior to the new trial, Defendant filed a motion in limine...  

¶1 Defendant Pipe Renewal Service, LLC (the LLC) appeals the district court's grant of summary judgment in favor of Plaintiff Ray Hunting on his unlawful detainer claim, as well as the court's later award of damages for unpaid rent. Hunting cross-appeals, arguing that the damages awarded him should have been trebled. We reverse the decision of the district court and remand the case for further proceedings... BACKGROUND1... ¶2 In December 1991, Hunting and his wife entered into a...  

¶1 We have been asked to determine whether the district court erred in denying Respondent's motion for sanctions under Utah Rule of Civil Procedure 11. We affirm... BACKGROUND... ¶2 This case comes in the wake of Michael Anthony Archuleta's capital murder conviction, the underlying facts of which make no difference here and have previously been described in detail. See State v. Archuleta, 850 P.2d 1232, 1236-37 (Utah 1993), cert. denied, 510 U.S. 979 (1993). This court subsequently...  

INTRODUCTION... ¶1 System & Computer Technology, Inc. ("S & C Tech.") merged with Campus Pipeline, Inc. ("Campus Pipeline") when S & C Tech. purchased Campus Pipeline for an amount less than Campus Pipeline's preferred shareholders' liquidation preference. Campus Pipeline's common shareholders received nothing in the merger, and their shares were cancelled. William Borghetti, one of Campus Pipeline's common shareholders, and other common shareholders (collectively,...  

INTRODUCTION... ¶1 Spencer Houskeeper seeks to have his conviction for attempted rape vacated. Houskeeper claims he is entitled to relief under the Post-Conviction Remedies Act (the "PCRA") because he received ineffective assistance of counsel at a juvenile court retention hearing. As a result of that hearing, Houskeeper was bound over to the district court, tried, convicted, and sentenced as an adult. After unsuccessfully appealing his conviction, he petitioned the district court...  

Appellant Jacob M. Bolith appeals his conviction, which was based upon a guilty plea to forcible sexual abuse, a second degree felony. This case is before the court on a sua sponte motion for summary disposition on the basis that we lack jurisdiction to consider the claims raised on appeal because no timely motion to withdraw the plea was filed prior to sentencing... Bolith pleaded guilty on June 16, 2008, and was sentenced on August 25, 2008. He did not make a motion seeking to withdraw his...  

This case is before the court on a sua sponte motion for summary dismissal because it is not taken from a final appealable order. We dismiss the appeal... In May 2007, Appellant Suzanne Hanson Hadley Buck (Mother) filed a motion in district court seeking the return of her child to her custody.1 This was the first of many documents prepared by her husband, Reverend Edward Allan Buck. On October 1, 2007, Reverend Buck filed a notice of appearance on behalf of Mother. On October 5, 2007, the...  

Don Glen Sadlier appeals from his conviction on traffic charges after a trial de novo in the district court. This is before the court on its own motion for summary disposition based on lack of jurisdiction because the case originated in justice court... Utah Code section 78A-7-118 provides for criminal appeals from justice courts. See Utah Code Ann. § 78A-7-118 (Supp. 2008). If a defendant files a timely notice of appeal from a justice court conviction, "a defendant is entitled to a...