Butters v. Herbert
291 P.3d 826
Utah Ct. App.2012Background
- Butters obtained a temporary civil stalking injunction against Herbert after years of incidents.
- District court held a three-year stalking injunction and awarded fees and costs to Butters after a two-day hearing.
- Herbert appealed challenging the court’s finding of a course of conduct and emotional distress.
- History includes prior injunctions involving nearby incidents, including gym, parking lot, and mall encounters.
- Court analyzes whether the sequence of incidents qualifies as a course of conduct and would cause reasonable fear for safety.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the acts form a course of conduct directed at Butters | Butters contends multiple, linked incidents show a course of conduct | Herbert argues incidents are isolated and not linked | Yes; acts cumulatively comprise a course of conduct |
| Whether the course of conduct would cause a reasonable person to fear for safety or suffer emotional distress | Butters’s fear for safety is reasonable given prior history | Actions do not produce reasonable fear or distress | Yes; reasonable fear for safety established |
| Whether Butters is entitled to attorney fees on appeal | Fees should be awarded to prevailing party on appeal | Fees contested or not warranted on appeal | Yes; remand for amount of appellate fees to Butters |
Key Cases Cited
- Ellison v. Stam, 136 P.3d 1242 (Utah 2006) (review of factual findings; course of conduct analysis)
- Coombs v. Dietrich, 253 P.3d 1121 (Utah App. 2011) (consideration of course of conduct context and timing)
- Bott v. Osburn, 257 P.3d 1022 (Utah App. 2011) (emotional distress/fear standard in stalking statute)
- Allen v. Anger, 248 P.3d 1001 (Utah App. 2011) (course of conduct requires cumulative analysis)
- Kimball v. Kimball, 217 P.3d 733 (Utah App. 2009) (non-first incidents; factual sufficiency in appeals)
- Salt Lake City v. Lopez, 935 P.2d 1259 (Utah Ct. App. 1997) (original emphasis on outrageous conduct; updated statutory context)
- Valcarce v. Fitzgerald, 961 P.2d 305 (Utah 1998) (attorney fees recoverable; fees on appeal)