ASC Utah v. Wolf Mountain
309 P.3d 201
Utah2013Background
- ASCU obtained a jury verdict awarding $54,437,000 against Wolf Mountain for damages related to Canyons Resort development.
- ASCU's Writ of Execution listed Wolf Mountain’s real and personal property to satisfy the judgment.
- Wolf Mountain moved to stay enforcement; the district court denied due to lack of a supersedeas bond and ordered sale of assets.
- Wolf Mountain did not appeal the Writ of Execution or related orders, nor seek a stay in this appeal.
- ASCU purchased Wolf Mountain’s interests at a sheriff’s sale, claiming all rights, title and claims in the underlying litigation.
- Dispute arose whether ASCU acquired Wolf Mountain’s appellate rights; court held the term 'claims' did not include appellate rights, so the appeal was not moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot due to ASCU acquiring appellate rights | Osguthorpe | Wolf Mountain | Not moot; 'claims' did not transfer appellate rights |
| Whether SPA §3.2.6 is ambiguous | ASCU | Wolf Mountain | Ambiguity not reviewable due to inadequate brief; affirm denial pending merits |
| Whether the district court properly denied JNOV, new trial, and remittitur | ASCU | Wolf Mountain | Affirmed denial of JNOV; affirmed denial of new trial and remittitur |
| Whether the district court abused its discretion in allowing ASCU to amend its complaint | ASCU | Wolf Mountain | No abuse of discretion; amendment deemed proper |
| Whether evidentiary rulings in trial were erroneous | ASCU | Wolf Mountain | Rulings largely unaddressed due to inadequate briefing; no reversible error identified |
Key Cases Cited
- Cheves v. Williams, 1999 UT 86 (Utah 1999) (execution orders are separate from judgments; require separate appeal)
- Child v. Gonda, 972 P.2d 425 (Utah 1998) (jury verdicts should be affirmed if supported by evidence)
- Bowden v. Denver & Rio Grande W. R.R. Co., 286 P.2d 240 (Utah 1955) (standard for overturning an otherwise jury-supported verdict)
- Normandeau v. Hanson Equip., Inc., 2009 UT 44 (Utah 2009) (standard for appellate review of summary judgment rulings)
- Allen v. Friel, 2008 UT 56 (Utah 2008) (rules requiring thorough briefing and argument on appeal)
- Crookston v. Fire Ins. Exch., 817 P.2d 789 (Utah 1991) (new trial standards and discretion)
- Golden Meadows Props., LLC v. Strand, 2011 UT App 421 (Utah App. 2011) (appellate discretion in reviewing trial rulings)
- Osguthorpe v. Wolf Mountain Resorts, L.C. (Wolf Mountain III), 2013 UT 12 (Utah 2013) (jurisdictional mootness and appellate rights addressed in context)
- RMA Ventures California v. SunAmerica Life Insurance Co., 576 F.3d 1070 (10th Cir. 2009) (federal appellate rights and execution concerns)
- Manzanares v. Byington (In re Adoption of Baby B.), 2012 UT 35 (Utah 2012) (assignment of trial court discretion and legal error review)
- Gbur v. Golio, 932 A.2d 203 (Pa. Super. Ct. 2007) (legal error standard for remittitur considerations)