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