559 P.3d 64
Utah Ct. App.2024Background
- Kamron Keele, a Utah-licensed attorney, moved to Chicago and sought Illinois bar admission, which required a character and fitness review.
- In a Utah divorce action, Keele (representing Husband) interacted harshly with Wife, who, unrepresented, sought assistance from David Musselman, a non-lawyer mediator.
- Musselman advised Wife to file a bar complaint against Keele, which delayed Keele’s Illinois bar admission by about six months while the complaint was investigated.
- Keele sued Musselman for tortious interference and fraudulent misrepresentation, claiming the bar complaint impeded his job search and caused him financial harm.
- The district court granted partial summary judgment to Keele on liability (unopposed by Musselman), held a bench trial on damages, and awarded Keele $166,041.11.
- On appeal, Musselman challenged the summary judgment; Keele did not respond on the merits and only argued lack of appellate jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appellate jurisdiction over summary judgment | Musselman’s appeal was untimely; no jurisdiction | Appeal was from final judgment, including earlier orders | Court had jurisdiction; summary judgment not a final order |
| Summary judgment on tortious interference | Musselman intentionally interfered using improper means | No proof of intent, improper means, or causation | Musselman presented plausible basis for reversal |
| Summary judgment on fraudulent misrepresentation | Musselman’s statements to Wife harmed Keele | Misrepresentation not made to Keele; no justifiable reliance | Musselman presented plausible basis for reversal |
| Failure to address merits on appeal | (No substantive response—only jurisdiction argument) | Musselman presented unrebutted arguments for reversal | Lowered standard; reversal appropriate |
Key Cases Cited
- Heslop v. Bear River Mutual Ins. Co., 390 P.3d 314 (Utah 2017) (review of summary judgment is for correctness)
- Eldridge v. Johndrow, 345 P.3d 553 (Utah 2015) (elements for tortious interference claim)
- C.R. England v. Swift Transp. Co., 437 P.3d 343 (Utah 2019) (definition of improper means for tortious interference)
- Cardon v. Jean Brown Rsch., 327 P.3d 22 (Utah Ct. App. 2014) (elements of fraudulent misrepresentation)
- Copper Hills Custom Homes, LLC v. Countrywide Bank, FSB, 428 P.3d 1133 (Utah 2018) (final order required for appellate jurisdiction)