Grgich v. Grgich
262 P.3d 418
Utah Ct. App.2011Background
- Married in 1967; five adult children; farm in Tooele County originally owned by Husband’s father; Wife contributed to farm operations; 1990 quitclaim deed transferred farm to Husband and three minor children as joint tenants; deed recorded but Husband later borrowed against farm for benefits of himself and Wife; trial court divided assets in 2007 with Wife claiming a half-interest in the farm; intervenors (Children) sought to protect their claimed interests under the 1990 quitclaim deed; second bench trial in 2009 held that Husband lacked present intent to transfer when executing the deed, rendering it invalid and making the farm marital property; court found Wife’s claim tolled by concealment and awarded attorney fees to Wife on remand; this appeal challenges limitations, deed validity, and attorney-fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Wife’s claim barred by statute of limitations? | Wife | Grgich; limitations bar | Tolled; discovery rule applied |
| Was the 1990 quitclaim deed valid or invalid? | Wife contends invalid | Grgich; valid transfer | Invalid; no present intent to transfer |
| Should Wife be awarded attorney fees breach of duties? | Wife seeks fees | Husband; discretionary ruling | Remanded for findings on basis and amount |
| Are there additional grounds for estoppel or discovery tolling? | Wife | Grgich | Supported by trial findings; tolling affirmed |
Key Cases Cited
- Baker v. Pattee, 684 P.2d 632 (Utah 1984) (clear-and-convincing evidence required to defeat delivery presumption)
- In re Hoopiiaina Trust, 2006 UT 53 (Utah Supreme Court) (discovery rule tolls statute in fraud/mistake actions)
- Russell Packard Dev., Inc. v. Carson, 108 P.3d 741 (Utah 2005) (discovery rule applicability to limitations period)
- Moon v. Moon, 973 P.2d 431 (Utah Ct. App. 1999) (appellate courts defer to trial court on credibility findings)
- Ostermiller v. Ostermiller, 233 P.3d 489 (Utah 2010) (appellate review of equity findings and credibility)
- Rawlings v. Rawlings, 2010 UT 52 (Utah Supreme Court) (statutory tolling when grantor treats property as held in trust)