Burkett v. Schwendiman, 773 P.2d 42 (Utah 1989). · Go Syfert
Burkett v. Schwendiman, 773 P.2d 42 (Utah 1989). Cases Citing This Book View Copy Cite
78 citation events (36 in the last 25 years) across 2 distinct courts.
Strongest positive: Richards v. Baum (utah, 1996-03-28)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Richards v. Baum (2×)
Utah · 1996 · signal: see · quote attribution · 2 verbatim quotes · confidence high
a case is deemed moot when the requested judicial relief cannot affect the rights of the litigants.
cited Cited as authority (rule) Widdison v. Bd of Pardons
Utah · 2021 · confidence medium
C.D., 2010 UT 66, ¶ 13 ; Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
discussed Cited as authority (rule) Checketts v. Providence City (2×) also: Cited "see"
Utah Ct. App. · 2016 · confidence medium
A case is deemed moot when the requested relief cannot affect the rights of the litigants.” Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
discussed Cited as authority (rule) Tillotson v. Meerkerk (2×) also: Cited "see"
Utah Ct. App. · 2015 · confidence medium
Generally, "a case is deemed moot when the requested judicial relief cannot affect the rights of the litigants." Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
cited Cited as authority (rule) N.F. v. G.F.
Utah Ct. App. · 2013 · confidence medium
Mootness T7 "A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants." Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
cited Cited as authority (rule) N.F. v. G.F.
Utah Ct. App. · 2013 · confidence medium
Mootness T7 "A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants." Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
examined Cited as authority (rule) Gullickson v. Gullickson (4×) also: Cited "see"
Utah Ct. App. · 2013 · confidence medium
Sale of the Property and Transfer of the Mortgage Obligation A. The Issue Is Not Moot. $18 According to Wife, Husband's challenge to the court's order that the house be listed for sale and that Husband bear responsibility for paying the mortgages until it is sold presents a preliminary question of mootness because the divorce decree provides that Husband was to make an election to sell the home or buy out Wife's interest by July 2012, a deadline that has since passed. 4 An issue is "moot when the requested judicial relief cannot affect the rights of the litigants." See Burkett v. Schwendiman, …
discussed Cited as authority (rule) Utah Transit Authority v. Local 382 of the Amalgamated Transit Union
Utah · 2012 · confidence medium
See McBride v. Utah State Bar, 2010 UT 60 , ¶ 13, 242 P.3d 769 (setting forth the three elements of the exception); Ellis v. Swensen, 2000 UT 101, ¶ 26 , 16 P.3d 1233 (same); Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989) (same); Wickham v. Fisher, 629 P.2d 896, 899 (Utah 1981) (same); see also Kehl v. Schwendiman, 735 P.2d 413, 415 (Utah Ct.App.1987) (same). .
discussed Cited as authority (rule) Towner v. Ridgway
Utah Ct. App. · 2012 · confidence medium
Therefore, before we address the merits of Ridgway's jurisdictional argument, we consider whether the underlying issue is moot. ¶ 6 "A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants." Burkett v. Schwendiman, 773 P.2d 42, 43-44 (Utah 1989) (deelin-ing to address challenge to state's compliance with statutory sworn statement requirement for revoking a driver license because the revocation had expired).
discussed Cited as authority (rule) Barnett v. Adams
Utah Ct. App. · 2012 · confidence medium
ANALYSIS 15 Here, the protective order against Mother "presumably expired by its own terms," Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989) (mem.), on or around November 10, 2010, and there is no information in the record to indicate it was continued in effect.
discussed Cited as authority (rule) Angilau v. Winder (2×) also: Cited "see"
Utah · 2011 · confidence medium
Id. (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989). 16 .
discussed Cited as authority (rule) ANGILAU v. Winder
Utah · 2011 · confidence medium
Suggestion of Mootness 2, April 5, 2010. [12] Id. [13] Utah Code Ann. § 62A-7-201(5) (Supp.2008) (emphasis added). [14] McBride v. Utah State Bar, 2010 UT 60, ¶ 13 , 242 P.3d 769 (quoting Ellis v. Swensen, 2000 UT 101, ¶ 25 , 16 P.3d 1233 ). [15] Id. (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)). [16] See Id. [17] 2010 Utah Laws 38 . [18] Utah Code Ann. § 62A-7-201(2)(a) (Supp. 2010) (emphasis added). [19] Id. § 201(1) (emphasis added). [20] This is particularly true given the small number of children who may have been incarcerated under the preamendment version of the sta…
discussed Cited as authority (rule) Guardian Ad Litem v. State Ex Rel. Cd
Utah · 2010 · confidence medium
Generally, we will not decide a case that is moot. "`A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants.'" Ellis v. Swensen, 2000 UT 101, ¶ 25 , 16 P.3d 1233 (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)).
discussed Cited as authority (rule) Guardian Ad Litem v. State Ex Rel. C.D.
Utah · 2010 · confidence medium
Generally, we will not decide a case that is moot. "'A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants'" Ellis v. Swensen, 2000 UT 101, ¶ 25 , 16 P.3d 1233 (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)).
cited Cited as authority (rule) McBride v. Utah State Bar
Utah · 2010 · confidence medium
An issue is moot "`when the requested judicial relief cannot affect the rights of the litigants.'" Id. (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)).
examined Cited as authority (rule) Cedar Mountain Environmental, Inc. v. Tooele County Ex Rel. Tooele County Commission (4×)
Utah · 2009 · confidence medium
(Utah 1994) (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)). .
discussed Cited as authority (rule) State v. Lane
Utah · 2009 · confidence medium
Additionally, in State v. Sun Surety Insurance Co., 2004 UT 74 , 99 P.3d 818 , we held that because the surety company was not a party to the criminal case, "an independent direct appeal was improper." Id. ¶ 9. {18 Moreover, if a case is dismissed and neither party appeals, the dismissal is final, the case is moot, and any appeal by a nonparty is moot. "[We will not adjudicate issues when the underlying case is moot. 'A case is deemed moot when the *533 requested judicial relief cannot affect the rights of the litigants'" Ellis v. Swensen, 2000 UT 101, ¶ 25 , 16 P.3d 1233 (quoting Burkett v.…
discussed Cited as authority (rule) Ward v. IHC HEALTH SERVICES, INC.
Utah Ct. App. · 2007 · confidence medium
This concept of cireular litigation being a bar to further proceedings, although new to Utah, likely has its roots in the mootness doctrine: "A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants." Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
cited Cited as authority (rule) State Ex Rel. Ae
Utah Ct. App. · 2001 · confidence medium
A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants." Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
cited Cited as authority (rule) M.E. v. State
Utah Ct. App. · 2001 · confidence medium
A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants." - Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
cited Cited as authority (rule) Alpine School District Board of Education v. State Tax Commission, Property Tax Division
Utah Ct. App. · 2000 · confidence medium
Galleria v. Tax Comm'n, 860 P.2d 996 , 998 n. 4 (Utah Ct.App.1993) (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)).
cited Cited as authority (rule) R.O.A. General, Inc. v. Utah Department of Transportation
Utah · 1998 · confidence medium
State v. Sims, 881 P.2d 840, 841 (Utah 1994) (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)).
discussed Cited as authority (rule) State v. Rivera
Utah · 1997 · confidence medium
Under State v. Sims, 881 P.2d 840 (Utah 1994), “[a]n issue on appeal is considered moot when ‘the requested judicial relief cannot affect the rights of the litigants.’” Id. at 841 (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)).
cited Cited as authority (rule) State v. Fife
Utah Ct. App. · 1996 · confidence medium
Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
discussed Cited as authority (rule) Matrix Funding Corp. v. Auditing Division of the Utah State Tax Commission (2×) also: Cited "see"
Utah · 1996 · confidence medium
“A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants.” Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989); see also Jones v. Schwendiman, 721 P.2d 893, 894 (Utah 1986); Black v. Alpha Fin.
discussed Cited as authority (rule) Bennion v. Sundance Development Corp.
Utah Ct. App. · 1995 · confidence medium
“An issue on appeal is considered moot when ‘the requested judicial relief cannot affect the rights of the litigants.’ ” State v. Sims, 881 P.2d 840, 841 (Utah 1994) (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)).
discussed Cited as authority (rule) Badger v. Madsen
Utah Ct. App. · 1995 · confidence medium
Lack of Access Claim Plaintiffs claim that the trial court’s dismissal of their records inspection claim as moot was in error because issues remain as to whether they were denied access and what their damages are as a result of defendants’ conduct. “[A] case is deemed moot when the requested judicial relief cannot affect the rights of the litigants.” Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
examined Cited as authority (rule) State v. Sims (6×) also: Cited "see"
Utah · 1994 · confidence medium
An issue on appeal is considered moot when “the requested judicial relief cannot affect the rights of the litigants.” Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989); see also Salt Lake City v. State Tax Comm’n, 813 P.2d 1174, 1177 (Utah 1991); Duran v. Morris, 635 P.2d 43, 45 (Utah 1981).
cited Cited as authority (rule) 49th Street Galleria v. Tax Commission, Auditing Division
Utah Ct. App. · 1993 · confidence medium
"A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants." Burkett v. Sckwendiman, 773 P.2d 42, 44 (Utah 1989).
discussed Cited as authority (rule) Strollo v. Strollo
Utah Ct. App. · 1992 · confidence medium
Generally, a case is deemed moot “ ‘when the requested relief cannot affect the rights of the litigants.’ ” Salt Lake City v. Tax Comm’n, 813 P.2d 1174, 1177 (Utah 1991) (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989)).
discussed Cited as authority (rule) Saunders v. Sharp
Utah Ct. App. · 1991 · confidence medium
As our supreme court has repeatedly stated, “ ‘when the requested relief cannot affect the rights of the litigants’ we deem the ease moot.” Id. (quoting Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989); see also Spain v. Stewart, 639 P.2d 166, 168 (Utah 1981); Duran v. Morris, 635 P.2d 43, 45 (Utah 1981).
cited Cited as authority (rule) Adelman v. Adelman
Utah Ct. App. · 1991 · confidence medium
A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants.” Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
examined Cited as authority (rule) Salt Lake City v. Tax Commission of the State Ex Rel. Mountain States Telephone & Telegraph Corp. (3×) also: Cited "see"
Utah · 1991 · confidence medium
Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
discussed Cited "see" Macris v. Sevea International, Inc.
Utah Ct. App. · 2013 · signal: see · confidence high
See Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989) (mem.) ("A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants."); see also Waterford Tower Condominium Ass'n v. TransAmerica Real Estate Grp., 2006-Ohio-508U, ¶ 35, 2006 WL 280415 (Ohio Ct.App.) ('Because we affirm the trial court's denial of [appellant's] motion for relief from judgment and allow the trial court's default judgment to stand, we find [appellee's] assignment of error is moot...."); cf. Schoney v. Memorial Estates, Inc., 790 P.2d 584, 587 (Utah Ct.App.1990) ("Because the court's…
cited Cited "see" Cox v. Cox
Utah Ct. App. · 2012 · signal: see · confidence high
See Towner v. Ridgway, 2012 UT App 35, ¶ 6 , 272 P.3d 765 (mem.) (citing Burkett v. Schwendiman, 773 P.2d 42, 43-44 (Utah 1989) (mem.)).
discussed Cited "see" Ellis v. Swensen (2×)
Utah · 2000 · signal: see · confidence high
See Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989).
discussed Cited "see" State v. Rodriguez-Lopi (2×)
Utah Ct. App. · 1998 · signal: see · confidence high
See Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989); Wickham v. Fisher, 629 P.2d 896, 899 (Utah 1981).
cited Cited "see" Osguthorpe v. Osguthorpe
Utah Ct. App. · 1994 · signal: see · confidence high
See Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989); In Re J.P., 648 P.2d 1364, 1371 (Utah 1982).
discussed Cited "see" Reynolds v. Reynolds (2×) also: Cited "see, e.g."
Utah Ct. App. · 1990 · signal: see · confidence high
See Burkett v. Schwendiman, 773 P.2d 42, 44 (Utah 1989); Duran v. Morris, 635 P.2d 43, 45 (Utah 1981).
Retrieving the full opinion text from the archive…
William M. BURKETT, Plaintiff and Appellant,
v.
Fred C. SCHWENDIMAN, Chief, Driver’s License Services, Utah Department of Public Safety, Defendant and Appellee
19965.
Utah Supreme Court.
Apr 20, 1989.
773 P.2d 42
Robert M. McRae, Vernal, for plaintiff and appellant., R. Paul Van Dam, Bruce M. Hale, Salt Lake City, for defendant and appellee.
Zimmerman, Hall, Howe, Durham, Orme, Stewart.
Cited by 48 opinions  |  Published

MEMORANDUM OF DECISION

ZIMMERMAN, Justice:

Plaintiff William M. Burkett appeals from a trial court decision revoking his driver’s license pursuant to Utah’s implied consent statute. Utah Code Ann. § 41-6-44.10 (Supp.1983) (amended 1987 & 1988). Burkett claims that the trial court erred in finding that the Utah Department of Public Safety complied with the requirements of the Code in initiating the driver’s license revocation proceedings. We dismiss the appeal.

We need only summarize the facts. On November 25, 1983, Uintah County Deputy Sheriff Ted Freestone and three back-up officers arrested Burkett for driving under the influence of alcohol, a violation of section 41-6-44 of the Code. Utah Code Ann. § 41-6-44 (Supp.1983). Burkett was taken to the Uintah County Jail, where Trooper Gary Cutler attempted to test Burkett’s blood alcohol content. Burkett refused to submit to the test, in spite of Cutler’s warnings that such refusal would result in the revocation of Burkett’s driver’s license for one year. Utah Code Ann. § 41-6-44.10 (Supp.1983). Cutler then filled out the “DUI Report Form” required by section 41-6-44.10 of the Code and noted in the appropriate place that Burkett had refused to submit to a blood alcohol test. Cutler gave the form to Freestone and notified him that Burkett had refused to submit to a blood alcohol test. Freestone, the arresting officer, signed the form and swore to its correctness in the presence of a notary public. The language immediately preceding Freestone’s signature on the form stated:

I certify and swear that I am a sworn Utah peace officer and that I have prepared the above report form and that the information on the report form and the attached documents are true and correct to my knowledge and belief and that the report form was prepared in the regular course of my duties. It is my belief the subject was in violation of section 41-6-44 U.C.A. at the date, time and place specified in this report.

Burkett requested a revocation hearing before the Department of Public Safety (“the Department”) as authorized by section 41-6-44.10 of the Code. At the hearing’s conclusion, the hearing officer found that Freestone, the arresting officer, had reason to believe that Burkett was driving in violation of section 41-6-44 of the Code and that Burkett had been arrested and had refused to take the blood alcohol test required by section 41-6-44.10. Therefore, Burkett’s driving privileges were revoked for one year. Burkett appealed the Department’s decision, and a trial de novo was held by the district court. The court found[*44] that the authorities properly requested Burkett to submit to a blood alcohol test as required by the Code but that he refused to do so. The court therefore concluded as a matter of law that Burkett’s driving privileges should be revoked as of March 1984 for a period of one year.

On appeal, Burkett repeats claims made below, to wit: that even though Freestone signed the bottom of the DUI form and attested to its correctness before a notary public, the form was not the “sworn statement” required by the Code and case law for the Department to revoke a party’s driving privileges. [1] He notes that Freestone was not the peace officer who attempted to administer the blood alcohol test and who noted, on the form, Burkett’s refusal to submit to that test. In making this claim, he argues that the “sworn statement” required by the Code must be the legal equivalent of an affidavit and that it was not in this case. Therefore, Burkett reasons, the DUI report form failed to meet the strict truthfulness standards applicable to the “sworn report[s]” as required by decisions such as Colman v. Schwendiman, 680 P.2d 29 (Utah 1984), and therefore failed to vest jurisdiction in the Department to revoke his driver’s license.

We refrain from adjudicating issues when the underlying case is moot. A case is deemed moot when the requested judicial relief cannot affect the rights of the litigants. See Jones v. Schwendiman, 721 P.2d 893, 894 (Utah 1986); Black v. Alpha Fin. Corp., 656 P.2d 409, 410-11 (Utah 1982). On occasion, we invoke an exception to the mootness doctrine, as when the case presents an issue that affects the public interest, is likely to recur, and because of the brief time that any one litigant is affected, is capable of evading review. Wickham v. Fisher, 629 P.2d 896, 899-900 (Utah 1981); State v. Davis, 721 P.2d 894, 895 (Utah 1986); Kehl v. Schwendiman, 735 P.2d 413, 415 (Utah Ct.App. 1987).

The record on appeal indicates that Burkett’s driving privileges were revoked for one year, beginning in approximately March of 1984. On this appeal, Burkett only requests that we reverse the trial court’s decision to revoke his license. Because there is nothing in the record to indicate a stay of the revocation order, the one-year revocation period has presumably expired by its own terms so that the requested judicial relief cannot affect Burk-ett’s rights and the case is moot. This is not a case where it is appropriate to invoke an exception to the mootness doctrine. The issue raised in Burkett’s appeal is not likely to recur because the legislature amended the implied consent statute in 1987 to delete the requirement of a “sworn statement” and to require only that the officer submit “a signed report” indicating that an arrested driver failed to submit to a blood alcohol test. Utah Code Ann. § 41 — 6—44.10(2)(a)(iii) (1988).

The appeal is dismissed.

HALL, C.J., HOWE, Associate C.J., DURHAM, J., and ORME, Court of Appeals Judge, concur. STEWART, J., does not participate herein; ORME, Court of Appeals Judge, sat.
1

. At the time of Burkett’s arrest, Utah’s implied consent statute provided that if a person refused to submit to a blood alcohol test after being arrested for violating section 41-6-44, "a peace officer shall submit a sworn report, within five days after the date of the arrest,” in order to initiate license revocation proceedings by the Department of Public Safety. Utah Code Ann. § 41-6-44.10 (Supp.1983).