T3 Properties, LLC v. Persimmon Investments, Inc.
299 P.3d 613
Utah Ct. App.2013Background
- 2013 UT App 38, Persimmon Investments, Inc. vs. T3 Properties, LLC involves judgment lien interpretation under Utah's judgment lien statute.
- Larson sued Earl on a default judgment in 2001 for ~$75,000; judgment entered in Salt Lake County.
- Property owned by Earl was transferred back to Harding in January 2002; transfer recorded January 2003.
- Property eventually conveyed to T3 Properties in September 2006 and recorded then.
- Persimmon recorded a notice of assignment of the Larson Judgment in February 2009 and sought to execute; Persimmon purchased the Property at an April 2009 execution sale; district court granted T3’s partial summary judgment, denying Persimmon’s cross-motion; Utah Court of Appeals affirmed.
- The central dispute is whether the Larson Judgment created a lien on the Property under the 2001 version of the judgment lien statute, given later conveyance before an information statement was filed by Persimmon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the 2001 version of section 1.5 require an information statement to create a lien? | Persimmon argues information statement not required to create a lien. | T3 argues information statement mandatory to create a lien. | Yes; information statement required, so no lien existed. |
Key Cases Cited
- Anderson v. Bell, 2010 UT 47 (2010) (statutory-interpretation approach; plain-language analysis)
- State v. Jeffries, 2009 UT 57 (2009) (interpretation of Utah statutes; plain-language consistency)
- State v. Moreno, 2009 UT 15 (2009) (read statute as a whole; harmonize provisions)
- Orvis v. Johnson, 2008 UT 2 (2008) (reviewing summary judgment standards in context of statutory interpretation)
- Harvey v. Cedar Hills City, 2010 UT 12 (2010) (statutory interpretation; correctness of lower court’s legal conclusions)