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12 Utah opinions name it 2 courts 1979–2022 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 |
|---|---|---|
K.P.S. v. E.J.P.green1 sentence2022See, e.g., K.P.S. v. E.J.P., 2018 UT App 5 , ¶¶ 30-42, 414 P.3d 933 (determining that the court’s factual findings were inadequate where it made factual conclusions but did not discuss the evidence underlying those conclusions and rejected the guardian ad litem’s recommendation without explanation); Bartlett v. Bartlett, 2015 UT App 2, ¶ 6 , 342 P.3d 296 (rejecting the court’s conclusory finding that the mother was “better able and equipped to support and sustain a positive relationship between the children and their father” where the “court identified no subsidiary facts supporting this findi | 1 | 1 |
Barnes v. Barnesgreen1 sentence2022See, e.g., K.P.S. v. E.J.P., 2018 UT App 5 , ¶¶ 30-42, 414 P.3d 933 (determining that the court’s factual findings were inadequate where it made factual conclusions but did not discuss the evidence underlying those conclusions and rejected the guardian ad litem’s recommendation without explanation); Bartlett v. Bartlett, 2015 UT App 2, ¶ 6 , 342 P.3d 296 (rejecting the court’s conclusory finding that the mother was “better able and equipped to support and sustain a positive relationship between the children and their father” where the “court identified no subsidiary facts supporting this findi | 1 | 1 |
Paryzek v. Paryzekgreen1 sentence2022See, e.g., K.P.S. v. E.J.P., 2018 UT App 5 , ¶¶ 30-42, 414 P.3d 933 (determining that the court’s factual findings were inadequate where it made factual conclusions but did not discuss the evidence underlying those conclusions and rejected the guardian ad litem’s recommendation without explanation); Bartlett v. Bartlett, 2015 UT App 2, ¶ 6 , 342 P.3d 296 (rejecting the court’s conclusory finding that the mother was “better able and equipped to support and sustain a positive relationship between the children and their father” where the “court identified no subsidiary facts supporting this findi | 1 | 1 |
K.P.S. v. E.J.P.green1 sentence2022See, e.g., K.P.S. v. E.J.P., 2018 UT App 5 , ¶¶ 30-42, 414 P.3d 933 (determining that the court’s factual findings were inadequate where it made factual conclusions but did not discuss the evidence underlying those conclusions and rejected the guardian ad litem’s recommendation without explanation); Bartlett v. Bartlett, 2015 UT App 2, ¶ 6 , 342 P.3d 296 (rejecting the court’s conclusory finding that the mother was “better able and equipped to support and sustain a positive relationship between the children and their father” where the “court identified no subsidiary facts supporting this findi | 1 | 1 |
Johanson v. Cudahy Packing Co.green1 sentence2017See id. ; Hill , 765 P.2d at 866 ; State Farm Mut. | 1 | 1 |
Celebration Worship Center, Inc. v. Patrick Tucker and Carolyn P. Tucker, A/K/A Patty Tuckergreen1 sentence2016See, e.g., Celebration Worship Ctr., Inc. v. Tucker, 35 N.E.3d 251, 254-55 (Ind.2015) (holding that a homeowner "establish{ed) by clear and convincing proof that the homeowner's immediate predecessor in title adversely possessed and obtained fee simple title to the disputed real estate by operation of law"). 32 . | 1 | 1 |
Bacchus Imports, Ltd. v. Diasgreen1 sentence2015"Thus, the Commerce Clause limits. the manner in which States may legitimately compete for interstate trade, for 'in the process of competition no State may discriminatorily tax the products manufactured or the business operations performed in any other State'" Id. at 272, 104 S.Ct. 8049 (emphasis added) (quoting Boston Stock Exch., 429 U.S. at 387 , 97 S.Ct. 599 ), 6 127 A related principle has been invoked in cases involving local laws rewarding the extent of business activity within the home state. | 1 | 1 |
United States v. George Terzado-Madrugagreen2 sentences2012These two exceptions to the exclusionary rule-along with a third exception, the independent source doctrine-are "closely related but analytically distinct." See United States v. Terzado-Madruga, 897 F.2d 1099, 1118 (11th Cir.1990). 145 Even in light of the distinct legal doctrines involved, however, Topanotes's inevitable discovery analysis remains potent authority for the "closely related" attenuation analysis at issue in the present case, see id., particularly considering the nearly identical factual circumstances in the two cases. 2012These two exceptions to the exclusionary rule-along with a third exception, the independent source doctrine-are "closely related but analytically distinct." See United States v. Terzado-Madruga, 897 F.2d 1099, 1118 (11th Cir.1990). 145 Even in light of the distinct legal doctrines involved, however, Topanotes's inevitable discovery analysis remains potent authority for the "closely related" attenuation analysis at issue in the present case, see id., particularly considering the nearly identical factual circumstances in the two cases. | 1 | 1 |
Wong Sun v. United Statesgreen2 sentences2012In this case, we are called upon to apply the related doctrine of attenuation, whereby evidence that is derivative of an illegal search or seizure will not be suppressed if obtained "by means sufficiently distinguishable to be purged of the primary taint." Wong Sun v. United States, 371 U.S. 471, 488 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963). 2012In this case, we are called upon to apply the related doctrine of attenuation, whereby evidence that is derivative of an illegal search or seizure will not be suppressed if obtained "by means sufficiently distinguishable to be purged of the primary taint." Wong Sun v. United States, 371 U.S. 471, 488 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963). | 1 | 1 |
State v. Johnsongreen2 sentences2004Seq, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorcee and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1998) (addressing the appeal of a erim-inal defendant who sought a declaration of marriage under se 2004See, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorce and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1993) (addressing the appeal of a criminal defendant who sought a declaration of marriage under sect | 1 | 1 |
Whyte v. Blairgreen2 sentences2004Seq, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorcee and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1998) (addressing the appeal of a erim-inal defendant who sought a declaration of marriage under se 2004See, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorce and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1993) (addressing the appeal of a criminal defendant who sought a declaration of marriage under sect | 1 | 1 |
Clark v. Clarkgreen2 sentences2004Seq, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorcee and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1998) (addressing the appeal of a erim-inal defendant who sought a declaration of marriage under se 2004Seq, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorcee and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1998) (addressing the appeal of a erim-inal defendant who sought a declaration of marriage under se | 1 | 1 |
Hall v. Fitzgeraldgreen2 sentences2002Id. at 228 (citations omitted). 2002In Hall v. Fitzgerald, 671 P.2d 224 (Utah 1983), this court explained: The use of the warranty deed in this case not only assured conveyance of all the vendors’ current interest, but would also automatically transfer to the grantees or their successors any “legal estate subsequently acquired.” Such is the effect of our statute, as well as the related doctrine of estoppel by deed. | 1 | 1 |
Pratt v. City Council of City of Rivertongreen1 sentence1989See Pratt v. City Council of Riverton, 639 P.2d 172 (Utah 1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Boston Stock Exchange v. State Tax Commission
green
2 sentences2015"Thus, the Commerce Clause limits. the manner in which States may legitimately compete for interstate trade, for 'in the process of competition no State may discriminatorily tax the products manufactured or the business operations performed in any other State'" Id. at 272, 104 S.Ct. 8049 (emphasis added) (quoting Boston Stock Exch., 429 U.S. at 387 , 97 S.Ct. 599 ), 6 127 A related principle has been invoked in cases involving local laws rewarding the extent of business activity within the home state. 2015"Thus, the Commerce Clause limits. the manner in which States may legitimately compete for interstate trade, for 'in the process of competition no State may discriminatorily tax the products manufactured or the business operations performed in any other State'" Id. at 272, 104 S.Ct. 8049 (emphasis added) (quoting Boston Stock Exch., 429 U.S. at 387 , 97 S.Ct. 599 ), 6 127 A related principle has been invoked in cases involving local laws rewarding the extent of business activity within the home state. | 2 | 2015–2015 |
Cummings v. Cummings
green
1 sentence2022See, e.g., K.P.S. v. E.J.P., 2018 UT App 5 , ¶¶ 30-42, 414 P.3d 933 (determining that the court’s factual findings were inadequate where it made factual conclusions but did not discuss the evidence underlying those conclusions and rejected the guardian ad litem’s recommendation without explanation); Bartlett v. Bartlett, 2015 UT App 2, ¶ 6 , 342 P.3d 296 (rejecting the court’s conclusory finding that the mother was “better able and equipped to support and sustain a positive relationship between the children and their father” where the “court identified no subsidiary facts supporting this findi | 1 | 2022–2022 |
Roberts v. Roberts
green
1 sentence2022See, e.g., K.P.S. v. E.J.P., 2018 UT App 5 , ¶¶ 30-42, 414 P.3d 933 (determining that the court’s factual findings were inadequate where it made factual conclusions but did not discuss the evidence underlying those conclusions and rejected the guardian ad litem’s recommendation without explanation); Bartlett v. Bartlett, 2015 UT App 2, ¶ 6 , 342 P.3d 296 (rejecting the court’s conclusory finding that the mother was “better able and equipped to support and sustain a positive relationship between the children and their father” where the “court identified no subsidiary facts supporting this findi | 1 | 2022–2022 |
Twitchell v. Twitchell
green
1 sentence2022See, e.g., K.P.S. v. E.J.P., 2018 UT App 5 , ¶¶ 30-42, 414 P.3d 933 (determining that the court’s factual findings were inadequate where it made factual conclusions but did not discuss the evidence underlying those conclusions and rejected the guardian ad litem’s recommendation without explanation); Bartlett v. Bartlett, 2015 UT App 2, ¶ 6 , 342 P.3d 296 (rejecting the court’s conclusory finding that the mother was “better able and equipped to support and sustain a positive relationship between the children and their father” where the “court identified no subsidiary facts supporting this findi | 1 | 2022–2022 |
Bartlett v. Bartlett
green
2 sentences2022See, e.g., K.P.S. v. E.J.P., 2018 UT App 5 , ¶¶ 30-42, 414 P.3d 933 (determining that the court’s factual findings were inadequate where it made factual conclusions but did not discuss the evidence underlying those conclusions and rejected the guardian ad litem’s recommendation without explanation); Bartlett v. Bartlett, 2015 UT App 2, ¶ 6 , 342 P.3d 296 (rejecting the court’s conclusory finding that the mother was “better able and equipped to support and sustain a positive relationship between the children and their father” where the “court identified no subsidiary facts supporting this findi 2022See, e.g., K.P.S. v. E.J.P., 2018 UT App 5 , ¶¶ 30-42, 414 P.3d 933 (determining that the court’s factual findings were inadequate where it made factual conclusions but did not discuss the evidence underlying those conclusions and rejected the guardian ad litem’s recommendation without explanation); Bartlett v. Bartlett, 2015 UT App 2, ¶ 6 , 342 P.3d 296 (rejecting the court’s conclusory finding that the mother was “better able and equipped to support and sustain a positive relationship between the children and their father” where the “court identified no subsidiary facts supporting this findi | 1 | 2022–2022 |
Hill v. State Farm Mutual Automobile Insurance Co.
green
1 sentence2017See id. ; Hill , 765 P.2d at 866 ; State Farm Mut. | 1 | 2017–2017 |
Westinghouse Electric Corp. v. Tully
green
2 sentences2015Westinghouse Hlee, Corp. v. Tully, 466 U.S. 388 , 104 S.Ct., 1856 , 80 L.Ed,2d 388 (1984), for example, involved a New York tax provision that afforded q.corporate tax credit proportional to the ratio of goods that a company exported from the state. 2015Westinghouse Hlee, Corp. v. Tully, 466 U.S. 388 , 104 S.Ct., 1856 , 80 L.Ed,2d 388 (1984), for example, involved a New York tax provision that afforded q.corporate tax credit proportional to the ratio of goods that a company exported from the state. | 1 | 2015–2015 |
DIRECTV v. Utah State Tax Commission
green
1 sentence2015Nothing in Bacchus suggests that a tax exemption for all fruit wine, whether produced in or out of the state, would implicate the dormant Commerce Clause just because it might yield an advantage to manufacturers leaving a larger ―footprint‖ on the Hawaiian econ- omy. 10 Cite as: 2015 UT 93 Opinion of the Court or the business operations performed in any other State.‘‖ Id. at 272 (emphasis added) (quoting Boston Stock Exch., 429 U.S. at 337 ).6 ¶27 A related principle has been invoked in cases involving lo- cal laws rewarding the extent of business activity within the home state. | 1 | 2015–2015 |
Elman v. Elman
green
2 sentences2009Indeed, the trial court’s discretion is so broad “that its actions enjoy a presumption of validity.” Elman v. Elman, 2002 UT App 83, ¶ 17 , 45 P.3d 176 (internal quotation marks omitted). ¶ 9 In a related challenge, Wife claims that the Business is a de-facto partnership and that she was therefore entitled to an accounting of the Business’s affairs and a share of its revenues. 2009Indeed, the trial court’s discretion is so broad “that its actions enjoy a presumption of validity.” Elman v. Elman, 2002 UT App 83, ¶ 17 , 45 P.3d 176 (internal quotation marks omitted). ¶ 9 In a related challenge, Wife claims that the Business is a de-facto partnership and that she was therefore entitled to an accounting of the Business’s affairs and a share of its revenues. | 1 | 2009–2009 |
Ilott v. University of Utah
green
1 sentence2004Seq, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorcee and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1998) (addressing the appeal of a erim-inal defendant who sought a declaration of marriage under se | 1 | 2004–2004 |
Kelley v. Kelley
green
2 sentences2004Seq, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorcee and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1998) (addressing the appeal of a erim-inal defendant who sought a declaration of marriage under se 2004See, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorce and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1993) (addressing the appeal of a criminal defendant who sought a declaration of marriage under sect | 1 | 2004–2004 |
In Re Marriage of Gonzalez
green
2 sentences2004Seq, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorcee and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1998) (addressing the appeal of a erim-inal defendant who sought a declaration of marriage under se 2004Seq, e.g., Clark v. Clark, 2001 UT 44, ¶¶ 1-3 , 27 P.3d 538 (involving a petitioner who sought a declaration of marriage under section 30-1-4.5 in order to obtain a divorcee and divide marital assets); In re Marriage of Gonzalez, 2000 UT 28, ¶¶ 1-2 , 1 P.3d 1074 (involving a petitioner who filed for an adjudication of marriage under section 30-1-4.5 in order to determine whether she could claim benefits under a former cohabitant's insurance policy); State v. Johnson, 856 P.2d 1064, 1068-69 (Utah 1998) (addressing the appeal of a erim-inal defendant who sought a declaration of marriage under se | 1 | 2004–2004 |
Cox v. Ney
neutral
1 sentence1983The use of the warranty deed in this case not only assured conveyance of all of the vendors’ current interest, but would also automatically transfer to the grantees or their successors any “legal estate subsequently acquired.” Such is the specific effect of our statute, U.C.A., 1953, § 57-1-10; Cox v. Ney, Utah, 580 P.2d 1085 (1978), as well as the related doctrine of estoppel by deed. 23 Am.Jur.2d Deeds § 294, et seq. (1965); Annot., 144 A.L.R. 554 (1943); Annot., 58 A.L.R. 345 (1929). | 1 | 1983–1983 |
Florence v. Hiline Equipment Co.
green
1 sentence1979The doctrine of boundary by acquiescence grew out of the related doctrine of boundary by agreement. 1 Florence v. Hiline Equipment Co., Utah, 581 P.2d 998 (1978) defined both doctrines and stated that boundary by agreement falls somewhere between adverse possession and estoppel. | 1 | 1979–1979 |
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.