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5 Utah opinions name it 2 courts 2004–2022 1 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Quinn v. Estate of Quinngreen2 sentences2008“Each proceeding before the court or registrar is independent of any other proceeding involving the same estate,” id. § 75-3-106(l)(a) (1993), even though “[pjetitions for formal orders of the court may combine various requests for relief in a single proceeding,” id. § 75-3-106(l)(b). ¶ 15 The trial court ruled that “the action must be against [the Children], not the [e]state,” that “[i]t is clear that no proceedings against either of the distributees of the real property requested by [Wife] to be recovered has been instituted,” and that the Wife’s argument that “her claim as a creditor of the 2005Quinn v. Quinn, 772 P.2d 979, 980 (Utah Ct.App.1989) (quotations omitted) (citing Dementas v. Estate of Tallas, 764 P.2d 628, 630 (Utah Ct. App.1988)). ¶ 14 Merely providing the PR with a copy of the Agreement, which all parties have always agreed is binding, without explaining how the Agreement had been breached or the amount she was claiming as a creditor under the Agreement, does not begin to satisfy the requirements of notice pleading. | 2 | 2 |
Dementas v. Estate of Tallas Ex Rel. First Security Bankgreen1 sentence2005Quinn v. Quinn, 772 P.2d 979, 980 (Utah Ct.App.1989) (quotations omitted) (citing Dementas v. Estate of Tallas, 764 P.2d 628, 630 (Utah Ct. App.1988)). ¶ 14 Merely providing the PR with a copy of the Agreement, which all parties have always agreed is binding, without explaining how the Agreement had been breached or the amount she was claiming as a creditor under the Agreement, does not begin to satisfy the requirements of notice pleading. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Estate of Huitron v. Kaye
green
1 sentence2022P. 68(a). 5 The Probate Code describes the manner in which claims may be ―presented‖ to an estate as follows: ―(a) The claimant may deliver or mail to the personal representative, or the personal representative‘s attorney of record, a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court,‖ UTAH CODE § 75-3-804(1)(a); or ―(b) The claimant may commence a proceeding against the personal representative in any court where the personal | 1 | 2022–2022 |
In Re Estate of Uzelac
green
2 sentences2008“Each proceeding before the court or registrar is independent of any other proceeding involving the same estate,” id. § 75-3-106(l)(a) (1993), even though “[pjetitions for formal orders of the court may combine various requests for relief in a single proceeding,” id. § 75-3-106(l)(b). ¶ 15 The trial court ruled that “the action must be against [the Children], not the [e]state,” that “[i]t is clear that no proceedings against either of the distributees of the real property requested by [Wife] to be recovered has been instituted,” and that the Wife’s argument that “her claim as a creditor of the 2008“Each proceeding before the court or registrar is independent of any other proceeding involving the same estate,” id. § 75-3-106(l)(a) (1993), even though “[pjetitions for formal orders of the court may combine various requests for relief in a single proceeding,” id. § 75-3-106(l)(b). ¶ 15 The trial court ruled that “the action must be against [the Children], not the [e]state,” that “[i]t is clear that no proceedings against either of the distributees of the real property requested by [Wife] to be recovered has been instituted,” and that the Wife’s argument that “her claim as a creditor of the | 1 | 2008–2008 |
Black v. Romano
green
2 sentences2005LEXIS 33744, *7-8 (10th Cir. Dec. 4, 1995) (unpublished opinion). ¶ 31 Because the purpose of the written statement requirement is to provide a basis for review and encourage accurate factfind-ing, Black, 471 U.S. at 613-14 , 105 S.Ct. 2254 ; Gilbert, 1995 U.S.App. 2005LEXIS 33744, *7-8 (10th Cir. Dec. 4, 1995) (unpublished opinion). ¶ 31 Because the purpose of the written statement requirement is to provide a basis for review and encourage accurate factfind-ing, Black, 471 U.S. at 613-14 , 105 S.Ct. 2254 ; Gilbert, 1995 U.S.App. | 1 | 2005–2005 |
State v. Casey
green
2 sentences2004We reverse and remand. *743 BACKGROUND ¶ 2 “We recite the facts from the record ... in the light most favorable to the jury's verdict.” State v. Casey, 2003 UT 33, ¶ 2 , 82 P.3d 1106 (quotation omitted). ¶ 3 In May 2000, Geukgeuzian was charged with tampering with a witness in violation of Utah Code section 76-8-508(1), 1 and with making a false written statement in violation of Utah Code section 76-8-504(2). 2004We reverse and remand. *743 BACKGROUND ¶ 2 “We recite the facts from the record ... in the light most favorable to the jury's verdict.” State v. Casey, 2003 UT 33, ¶ 2 , 82 P.3d 1106 (quotation omitted). ¶ 3 In May 2000, Geukgeuzian was charged with tampering with a witness in violation of Utah Code section 76-8-508(1), 1 and with making a false written statement in violation of Utah Code section 76-8-504(2). | 1 | 2004–2004 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.