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262 P.3d 454
Utah Ct. App.
2011
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Background

  • Prinsburg sued Thurston, Knighton, and Alpine over two Alpine-Prinsburg loan agreements.
  • Guarantors Abundo, Atwood, Baker, and Gold executed personal guarantees.
  • Prinsburg sold collateral after suit without notice to Guarantors and applied proceeds to Knighton debt, not Alpine.
  • District court found Article 9 applied and required notice but reserved commercially reasonable sale issue for trial.
  • Parties executed a stipulation that the sale was not conducted commercially reasonably, and the district court dismissed all claims with prejudice based on that stipulation.
  • Prinsburg appealed arguing non-preserved issues and theories beyond the stipulation; the district court’s judgment was drafted by Prinsburg’s counsel and entered without Prinsburg seeking relief from judgment.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Preservation of stipulated issues Prinsburg argues issues unresolved by stipulation remain viable. Guarantors contend the stipulation resolved all issues in their favor. Issues not preserved; affirmed enforcement of the stipulation.
Scope of the stipulation and resulting judgment Prinsburg contends the judgment exceeded the stipulation. Defendants maintain the judgment reflects the stipulation. Judgment properly enforced under the stipulation; argument not preserved.
Possibility of relief from judgment Prinsburg could seek relief from judgment under Rule 59/60. Not specifically addressed beyond preservation issues. Relief not sought; issues unpreserved for review.

Key Cases Cited

  • John Deere Co. v. A & H Equip., Inc., 876 P.2d 880 (Utah Ct.App.1994) (review of stipulated settlement enforcement for abuse of discretion)
  • Davencourt at Pilgrims Landing Homeowners Ass'n v. Davencourt at Pilgrims Landing, LC, 221 P.3d 234 (2009 UT 65) (intent of the parties a question of fact; preservation required)
  • 438 Main St. v. Easy Heat, Inc., 99 P.3d 801 (Utah 2004) (preservation and opportunity to rule on issues before appeal)
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Case Details

Case Name: Prinsburg State Bank v. Abundo
Court Name: Court of Appeals of Utah
Date Published: Jul 29, 2011
Citations: 262 P.3d 454; 2011 UT App 239; 2011 Utah App. LEXIS 248; 687 Utah Adv. Rep. 55; 2011 WL 3240564; 20100712-CA
Docket Number: 20100712-CA
Court Abbreviation: Utah Ct. App.
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    Prinsburg State Bank v. Abundo, 262 P.3d 454