559 P.3d 977
Utah Ct. App.2024Background
- After their parents died in a helicopter accident, R.P. (12) and S.P. (10) were placed under the co-guardianship of both grandmothers.
- Tensions arose between the guardians, leading Paternal Grandmother (S.Z.) to unsuccessfully seek termination of Maternal Grandmother's guardianship role for lack of cause.
- Paternal Grandparents filed the first adoption petition; Maternal Grandparents later filed a competing petition and served Paternal Grandmother with notice, as required by Utah law.
- Statute required notice recipients to intervene in the new adoption proceeding within 30 days to preserve any adoption rights; Paternal Grandmother did not do so.
- Maternal Grandparents sought and obtained partial summary judgment, arguing that Paternal Grandmother’s failure to intervene barred her from pursuing adoption.
- The district court agreed and barred Paternal Grandmother from participating; she appealed the partial summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does failure to intervene in a subsequent adoption proceeding bar a prior petitioner from continuing? | Strict statute application creates an absurd result. | Statute applies strictly; failure to intervene bars. | Absurdity doctrine applies—statute does not bar Paternal Grandmother under these facts. |
| Interpretation of Utah Code § 78B-6-110’s Intervention Provision | Should not be strictly applied to bar prior petition | Provision mandates strict application regardless. | Plain meaning would yield an absurd result here; not intended by legislature. |
| Whether statute’s notice and intervention requirements extend to parties not entitled to notice | Only those entitled to notice should be barred. | Anyone who receives notice and fails to intervene barred | Provision only applies to those statutorily entitled to notice, not every recipient of notice. |
| Appropriateness of summary judgment against Paternal Grandmother | Procedural error due to absurd result. | Proper based on statutory defaults. | District court erred; summary judgment reversed as to Paternal Grandmother. |
Key Cases Cited
- Orvis v. Johnson, 177 P.3d 600 (Utah 2008) (summary judgment standard of review)
- State v. Robertson, 438 P.3d 491 (Utah 2017) (statutory interpretation standard)
- Boyle v. Christensen, 251 P.3d 810 (Utah 2011) (plain meaning rule in statutory interpretation)
- In re Z.C., 165 P.3d 1206 (Utah 2007) (absurdity doctrine in statutory interpretation)
- Bagley v. Bagley, 387 P.3d 1000 (Utah 2016) (narrow standard for absurdity doctrine)