Case Information
*1 IN THE UTAH COURT OF APPEALS
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Richard T. Lamar, ) PER CURIAM DECISION
) Case No.
Petitioner Appellant, ) )
v. ) F I L E D ) (November 2012) Jodi A. Lamar, )
)
Respondent Appellee. ) ‐‐‐‐‐
First District, Logan Department, Honorable Kevin Allen
Attorneys: Richard T. Lamar, North Logan, Appellant Pro Se Christian Hansen, Logan, for Appellee
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Before Judges Voros.
¶1 Appellant Richard T. Lamar (Husband) appeals decree entered this case. He (1) ordering him pay $4,999 against Appellee Jodi A. Lamar (Wife), (2) entering insufficient needs capacity, (3) ordering to pay portion fees, (4) ordering her federal essentially challenges conclusions law. “We clear error.” Henshaw Henshaw P.3d “A determinations clearly erroneous if they conflict with clear weight definite firm *2 conviction a mistake been made.” Kimball Kimball 2009 14, However, successfully challenge evidence to an appellant must first marshal all evidence supporting challenged “Even n.5 . where id insufficient. legally is why See [an appellant] purport[s] to legal ruling . . . a the correctness a application a legal standard is extremely ‐ sensitive, [the appellant] [has] a marshal evidence.” Chen Stewart To enable appellant allow an court conduct a record, appellant an adequate record. Rule 11(e)(2) Rules Appellate Procedures estates,
If appellant intends urge appeal finding or conclusion is unsupported or is contrary evidence, appellant shall include record all relevant such finding conclusion. Neither the nor appellee is obligated correct appellant’s deficiencies providing portions transcript.
explained requirement detail Kimball Kimball n.5, There stated “if there evidence finding, problem— ‘fatal flaw’—with evidence, stand, even though there ample record would have contrary findings.” Id. Therefore, [n]o matter what contrary facts might been from our deference pre ‐ eminent role finder requires us our starting point, unless particular have shown, course appellant’s meeting lack legally evidentiary support.
Id . App. P. 11(e)(2). Based upon Husband’s failure provide record
and the resulting failure satisfy the we do not consider regarding the of the support the district court’s findings of fact. Accordingly, Husband’s claims that the findings legally insufficient the district court’s rulings and his claims of error. doing so, accept the findings made by the district court.
¶4 The district court found that Wife settled case behalf of her child received check. The district court further that both Husband and Wife benefitted from the use of these funds. A Nevada later entered judgment against Wife in the amount the settlement check. Based upon the that both Husband and Wife benefitted use funds, the allocation the be paid each by Husband Wife was not erroneous. ¶5 Husband next argues that district findings regarding Wife’s capacity not adequately by evidence. As indicated above, argument unavailing given Husband’s failure resulting inability properly he challenges. Husband alimony award. Without demonstrating any error foregoing Husband unable that abused its discretion its alimony claims that district erred requiring Husband Wife her tax refund. The included February tax refund directly deposited bank account. During marriage, Husband maintained bank accounts did not bank account. Husband filed separate tax returns during marriage. After March Husband denied access bank accounts. findings, arguments tax refund did not accrue during marriage it had no value time petition’s filing because had spent are without merit. district did awarding Finally, partial Wife. did preserve any claim reasonableness raising claim court. “To preserve issue review, party raise issue at trial timely, specific fashion introduce authority ‘put [trial court] on notice asserted error’ so trial has opportunity correct it.” Hale Big H Constr ., 283, (quoting O’Dea v. Olea UT 18, 704). need for assistance also fails because, previously noted, satisfied his absence trial transcript. regarding ability pay, presumed reasonableness requested fees preserved challenge, conclude did making ¶8 Accordingly, affirm decree. We award reasonable attorney fees incurred on appeal. “Generally, when awards fees domestic action party who substantially prevails on appeal, fees also be awarded party on appeal.” Leppert Leppert Because prevailed on on appeal, she entitled fees on appeal. remand district reasonable incurred appeal. determination, “should account fact granted partial at trial.” Elman Elman App ____________________________________
Gregory Judge
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James Z. Judge
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J. Frederic Voros Jr., Judge