situation rule (Utah) · Go Syfert
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situation rule in Utah

14 Utah opinions name it 2 courts 1894–2024 2 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.

Followed or applied (6)

CaseFollowedCited
Martinez v. Sanchez-Garciagreen
utahctapp · 2023 · cited in 1 Utah opinions naming this issue, 2024–2024
1 sentence

2024See Martinez, 2023 UT App 60 , ¶ 22 n.6 (“Even with factors not relevant to the situation or factors that do not move the needle one way or the other, a court is well-served to at least mention those factors in its ruling and briefly indicate that it deems them irrelevant or of equal weight for each party.

11
State v. McClellangreen
utah · 2009 · cited in 1 Utah opinions naming this issue, 2012–2012
2 sentences

2012However, the manner in which the State would have us employ the rule—to construe inadequacies in the record as demonstrating that an error did not occur where the bare record indicates that it did occur—would lead to precisely the situation the rule is intended to avoid. ¶12 In State v. McClellan, 2009 UT 50 , 216 P.3d 956 , the Utah Supreme Court reviewed a decision of this court in which we rejected a defendant’s ineffective assistance claim due to the lack of an adequate record.

2012However, the manner in which the State would have us employ the rule—to construe inadequacies in the record as demonstrating that an error did not occur where the bare record indicates that it did occur—would lead to precisely the situation the rule is intended to avoid. ¶12 In State v. McClellan, 2009 UT 50 , 216 P.3d 956 , the Utah Supreme Court reviewed a decision of this court in which we rejected a defendant’s ineffective assistance claim due to the lack of an adequate record.

11
Frandsen v. Gerstnergreen
utah · 1971 · cited in 1 Utah opinions naming this issue, 2011–2011
2 sentences

2011See Williams v. Singleton, 723 P.2d 421, 423 (Utah 1986) (per curiam) (busband acting under his wife's oral authorization); Cady v. Johnson, 671 P.2d 149, 150 (Utah 1983) (son apparently acting under his mother's oral authorization); Frandsen v. Gerstner, 26 Utah 2d 180 , 487 P.2d 697, 698 (1971) (real estate broker acting on behalf of his clients).

2011See Williams v. Singleton, 723 P.2d 421, 423 (Utah 1986) (per curiam) (busband acting under his wife's oral authorization); Cady v. Johnson, 671 P.2d 149, 150 (Utah 1983) (son apparently acting under his mother's oral authorization); Frandsen v. Gerstner, 26 Utah 2d 180 , 487 P.2d 697, 698 (1971) (real estate broker acting on behalf of his clients).

11
Cady v. Johnsongreen
utah · 1983 · cited in 1 Utah opinions naming this issue, 2011–2011
1 sentence

2011See Williams v. Singleton, 723 P.2d 421, 423 (Utah 1986) (per curiam) (busband acting under his wife's oral authorization); Cady v. Johnson, 671 P.2d 149, 150 (Utah 1983) (son apparently acting under his mother's oral authorization); Frandsen v. Gerstner, 26 Utah 2d 180 , 487 P.2d 697, 698 (1971) (real estate broker acting on behalf of his clients).

11
Williams v. Singletongreen
utah · 1986 · cited in 1 Utah opinions naming this issue, 2011–2011
1 sentence

2011See Williams v. Singleton, 723 P.2d 421, 423 (Utah 1986) (per curiam) (busband acting under his wife's oral authorization); Cady v. Johnson, 671 P.2d 149, 150 (Utah 1983) (son apparently acting under his mother's oral authorization); Frandsen v. Gerstner, 26 Utah 2d 180 , 487 P.2d 697, 698 (1971) (real estate broker acting on behalf of his clients).

11
Kingdom v. Jacksongreen
washctapp · 1995 · cited in 1 Utah opinions naming this issue, 2002–2002
2 sentences

2002See, e.g., Kingdom v. Jackson, 78 Wash.App. 154 , 896 P.2d 101, 104 (1995) (noting that Washington's withdrawal procedure permits court to consider whether, inter alia, an attorney's withdrawal would unduly prejudice client).

2002See, e.g., Kingdom v. Jackson, 78 Wash.App. 154 , 896 P.2d 101, 104 (1995) (noting that Washington's withdrawal procedure permits court to consider whether, inter alia, an attorney's withdrawal would unduly prejudice client).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Johnson v. Schnabel green
utahctapp · 2023
2 sentences

2024“An appellate court reviews a trial court’s legal conclusions and ultimate grant or denial of summary judgment for correctness and views the facts and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party.” Johnson v. Schnabel, 2023 UT App 102, ¶ 13 , 536 P.3d 1147 (quotation simplified).

2024“An appellate court reviews a trial court’s legal conclusions and ultimate grant or denial of summary judgment for correctness and views the facts and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party.” Johnson v. Schnabel, 2023 UT App 102, ¶ 13 , 536 P.3d 1147 (quotation simplified).

12024–2024
Lebaron v. Doctors and Merchants Credit green
utahctapp · 2024
1 sentence

2024The court’s written decision held that because Doctors’ unregistered status “existed well before” it filed the collection action, “this is not a situation where a claim develops after the initial complaint is filed.” Instead, “it was the filing of the complaint in” the collection case “that makes up [LeBaron’s] claims here,” and they therefore “could have and should have been brought in the earlier action.” The court further held that claim preclusion applied because “successful prosecution of the second action would nullify the initial judgment or would impair rights established in the initia

12024–2024
Hill v. Dickerson green
utahctapp · 1992
1 sentence

2001Although "[a] court has the right to control its own calendar," Hill v. Dickerson, 839 P.2d 309 , 311 n. 1 (Utah Ct.App.1992), we are somewhat troubled by the apparent casualness of the trial court's attempt to schedule this matter for trial.

12001–2001
Travelers Insurance Co. v. Savio green
colo · 1985
1 sentence

1995Savio, 706 P.2d at 1271 n. 17 (citing cases from eight different jurisdictions). [4] The majority notes that "the workers' compensation system contemplates the situation where a claim for medical benefits is denied by the workers' compensation insurer" and that Savage took advantage of this system.

11995–1995
State v. Saunders green
utah · 1985
1 sentence

1994Similarly, defendant's reliance on State v. Saunders, 699 P.2d 738 (Utah 1985), is also inapposite.

11994–1994
Posnien v. Rogers green
utah · 1975
1 sentence

1978Waltz, The Rise and Gradual Fall of the Locality Rule in Medical Malpractice Litigation, 18 DePaul L.Rev. 408; 37 A.L.R.3d 426 . [7] Id. [1] 533 P.2d 120 , which says: "Plaintiff was required to show that Dr. Rogers did not exercise the care and diligence as is ordinarily exercised by skilled veterinarians doing the same type of work in the community." [2] This chronology at least should make the decision here "prospective" instead of "retroactive," which would relieve this Court of the anomaly of deciding a case and making its new rule applicable to a situation where the rule would not have a

11978–1978
Morrison, Merrill & Co. v. Willard neutral
utah · 1898
2 sentences

1950This case does not involve a situation where the claim of lien does not show that the material was delivered for use on or about the structure erected on the land to which it is claimed that the lien attaches, as was the case in Morrison, Merrill & Co. v. Willard et al., 17 Utah 306 , 53 P. 832 , 70 Am.

1950This case does not involve a situation where the claim of lien does not show that the material was delivered for use on or about the structure erected on the land to which it is claimed that the lien attaches, as was the case in Morrison, Merrill & Co. v. Willard et al., 17 Utah 306 , 53 P. 832 , 70 Am.

11950–1950
Nielsen v. Watanabe neutral
utah · 1936
2 sentences

1943In Nielsen v. Watanabe, 90 Utah 401 , 62 P. 2d 117, 119 , there was a situation similar to the one in this case.

1943In Nielsen v. Watanabe, 90 Utah 401 , 62 P. 2d 117, 119 , there was a situation similar to the one in this case.

11943–1943
Sorenson v. Bell neutral
utah · 1917
2 sentences

1937An identical situation on principle was before this court in Sorenson v. Bell, 51 Utah 262 , 170 P. 72, 74 .

1937An identical situation on principle was before this court in Sorenson v. Bell, 51 Utah 262 , 170 P. 72, 74 .

11937–1937
Detroit United Ry. v. Weintrobe green
ca6 · 1919
1 sentence

1932A) 259 F. 64, 66 , where the court said: “If, then, the case may be considered with reference to the northbound hell alone, it presents a situation where a warning bell, provided and customarily operated by the railroad company, is silent as. the traveler approaches the crossing; and its silence is therefore an indication that no train is approaching, and in the nature of an invitation to cross; and this situation operates, as does an open gate or an absent flagman, to minimize the otherwise more imperative duty of looking and listening, and to make the issue of contributory negligence one of

11932–1932
Toland v. Corey green
utah · 1890
1 sentence

1894It is easy to find out the real situation by inquiry of the party in possession, and it is his duty to do so." Toland v. Corey, 6 Utah, 392 , 24 Pac. 190 ; Pom.

11894–1894

Where else courts name it

NY 192 (1873–2024) CA 98 (1928–2026) IL 89 (1908–2026) TX 73 (1927–2024) PA 50 (1923–2024) FL 36 (1922–2015) MI 36 (1914–2025) MD 34 (1930–2025) AL 33 (1922–2017) LA 33 (1912–2018) GA 33 (1931–2012) IN 32 (1882–2018) MO 26 (1924–2012) OH 26 (1932–2019) IA 23 (1910–2026) OK 22 (1922–2022) WA 21 (1916–2020) WI 20 (1901–2021) KS 20 (1907–2014) NJ 18 (1929–2005) CT 17 (1902–2002) NE 17 (1930–2014) UT 14 (1894–2024) OR 14 (1919–2026) CO 14 (1938–2025) MA 13 (1885–2025) AZ 12 (1919–2017) TN 11 (1936–2005) NM 11 (1958–2024) DC 11 (1956–2013) KY 11 (1966–2018) MS 10 (1976–2017) WY 9 (1959–2003) WV 8 (1931–2014) MN 8 (1924–2017) NC 8 (1940–2021) DE 7 (1963–1995) ID 7 (1908–2014) AR 7 (1963–2001) VA 7 (1988–2023) RI 6 (1976–2024) MT 6 (1935–2005) ME 6 (1941–2024) SD 5 (1919–1999) SC 5 (1927–2014) VT 5 (1942–2006) AK 4 (1976–2022) HI 3 (2009–2014) ND 3 (1981–1999) NV 2 (1972–1994)

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.

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