GOLDEN MEADOWS PROPERTIES, LC v. Strand
268 P.3d 849
Utah Ct. App.2011Background
- This appeal challenges district court rulings denying the motion to set aside an execution sale from 2008 and denying a subsequent Rule 59 motion for a new trial.
- The execution sale occurred November 24, 2008, concerning property owned by Golden Meadows Properties, LC and contested with Strand and Allen.
- District court held there was no gross inadequacy in bid price and no substantive irregularities that would prevent realizing a fair price, so the sale was not set aside.
- After the sale ruling, Appellants sought a new trial under Rule 59, which the district court also denied.
- This court reviews the denial of a Rule 59 motion for abuse of discretion and defers to the district court’s discretionary rulings without required findings of fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sale should be set aside for gross price inadequacy or irregularities. | Strand/Allen contend price was grossly inadequate and irregularities affected price. | No evidence of gross inadequacy; irregularities were not substantive. | No error; sale not set aside. |
| Whether the district court abused its discretion in denying Rule 59 motions for a new trial. | Decision is overly broad, lacks findings, and should have had an evidentiary hearing. | Discretionary rulings without required findings are proper; no abuse; no hearing needed. | No abuse of discretion; Rule 59 denial affirmed. |
Key Cases Cited
- Bangerter v. Petty, 228 P.3d 1250 (Utah Ct. App. 2010) (inadequate price and irregularities bearing on fair price support setting aside sale)
- Moon Lake Elec. Ass'n v. Ultrasystems W. Constructors, 767 P.2d 125 (Utah Ct. App. 1988) (Rule 59 new-trial discretionary standard)
- Christenson v. Jewkes, 761 P.2d 1375 (Utah 1988) (standard for reviewing trial court discretion)
- PDQ Lube Ctr., Inc. v. Huber, 949 P.2d 792 (Utah Ct. App. 1997) (abuse of discretion in denying evidentiary hearing)
