Case Information
*1 Before J UDGES O RME D AVIS T HORNE .
PER CURIAM:
¶1 Mojo Syndicate, Named LLC (the Plaintiffs) LLC (the Defendants). affirm. Contrary Defendants, we
conclude jurisdiction over order denying postjudgment Procedure entered *2 v. docket August 30, 2011, making notice timely because within thirty days entry. 59 motion operated stay time because a rule motion may be used challenge summary Moon Elec. Ass’n Ultrasystems W. Constructors, Inc. 767 P.2d 125, Ct. App. (stating new trial filed judgment procedurally appropriate tolls time appeal). Through new counsel appeal, contend judgment reversed equitable
grounds because retained underlying civil case rendered inadequate representation. However, there no constitu tional right effective representation civil basis reversing judgment failure comply with standards legal profession. judgment relied in
part Plaintiffs’ failure comply with rule 7(c)(3)(B) of Procedure, requires “that opposition must include verbatim restatement each moving party’s controverted with explanation grounds dispute, supported citations relevant materials.” Jennings Inv.,LC Dixie Riding Club, UT App 119, 21, court struck Plaintiffs’ first response because failed comply with rule file complying response. Nevertheless, second response failed comply with Plaintiffs second response substantially complied with rule’s body factual averments Defendants’ disagree. are correct second response little more than state disagreement pose series rhetorical questions without requisite citations. “A *3 is not obliged comb the record to determine whether genuine issue as material fact exists prevent judgment.” Id. ¶ did not err in striking nonresponsive deeming facts asserted by undisputed. See id. ¶ (conclud ‐ ing that did abuse its discretion in determin ‐ ing that did properly contest facts a motion). Failure satisfy of does alone justify of id its determina ‐ tion that genuine dispute of material that prevent It undisputed that parties executed Asset Purchase Agree ‐ ment (Agreement) purchase assets of Named by LLC; subsequently executed Closing Memorandum by agreed dollar ‐ dollar credit $40,000 against purchase price represent amounts paid obligations bar; executed document terminate lease bar’s premises; relinquished liquor license. central John led Mark Peterson Peterson believe that would continue partner bar clearly inconsistent terms Agreement. speculate further might established basis subsequent oral modification Agreement, this contrary own testimony discussions place Agreement executed. The concluded Agreement executed parties contemplated sale bar all its assets. Judith Peterson’s belated self ‐ serving assertion she owned assets personally Agreement ineffective transfer them controverted terms she executed.
Mojo Fredrickson Plaintiffs assert they were prevented from discovering they were denied an opportunity discovery. lacks merit. Shortly after Plaintiffs filed complaint, Defendants initiated discovery and depositions Mojo Syndicate’s principals, and Peterson. Plaintiffs scheduled Fredrickson’s deposition, cancelled and sought reschedule only Defendants filed sum mary on eve scheduled hearing on judgment, and district court denied as untimely. Under circumstances, were not denied opportunity discovery, and judgment was premature. Finally, district court erred awarding attorney fees and costs because some claims were tort claims. This presented district court preserved will considered appeal. In court, challenged only reasonableness claimed attorney fees. supplemental affidavit from slight downward adjustment award. not undertaken analysis necessary findings were erroneous. affirm attorney fees costs. ¶8 We affirm award attorney fees costs reasonably incurred Management Servs. Corp. Development Assoc. (adopting provision award attorney fees contract includes attorney fees incurred prevailing well as at trial). remand entry award costs reasonably incurred appeal.
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