*1 failed to meet his burden the defendant summary judgment put forth sufficient
on is to court has done What
evidence. legal into
effectively simple issue transform on reason fact. A test based question test, objective but be an
ableness should subjec majority apply seems
instead subjective nature of this Given the
tive test. decision, imagine any set it is difficult judge to find not allow
facts that would cases. of material fact similar issue
some anything but ra basis" test
The "rational
tional, further confusion will lead to future, appellate at the trial and both
level.
David Pyper, Plaintiffs
Maxine
Respondents, Dorius, BOND, Dale M. C.
Justin D. Defendants
Alison
Petitioners.
No. 20091025. of Utah.
Supreme Court
July *2 DURRANT,
Associate Chief Justice opinionof the Court:
INTRODUCTION granted 11 We certiorari this case to appeals determine whether the court of erred application its construction and setting standard for aside a sheriff's sale. question, To resolve this we must address First, two distinct issues. we must decide appeals whether the court of erred in con- cluding gross inadequacy to- gether slight cireumstances of unfair- may justify setting ness aside a sheriff's sale. Second, agree if appeals' with the court of construction of the standard for a sheriff's we must determine whether the court holding erred in that the slight facts this case involved cireum- stances of unfairness.
12 We hold the court of did concluding not err in gross inadequacy price together slight cireumstances of may justify setting aside a sher- iff's sale. showing This is because a of both cireum- gives presump- stances of unfairness rise to a fraud, which, rebutted, may tion of unless compelling constitute cireumstance justifies setting aside a sheriff's sale We further hold that the court of did not affirming err in the district court's conclusion Appellant's created, least, that conduct circumstances of unfairness. We therefore affirm deci- sion.
BACKGROUND T3 In Pyper David hired Justin attorney, an represent him in a probate time, matter. At the Mr. Bond was employed by Dorius, Bond, the law firm of (the Reyes, and Linares Law Firm or the Firm). charged The Law Firm $9,064.82 attorney fees for Mr. Bond's of Mr. Despite sever- Bryan Provo, Quesenberry, J. plain- Firm, requests by al failed to tiffs. pay these fees. {4 Reyes, Brigham City, Jennifer D. for de- Firm subsequently The Law sued fendants. Pyper in payment an effort to obtain May attorney repre- 19 On the district court attorney fees. senting contacted Mr. Dortus and Law Firm's favor judgment in the entered $10,577.23. satisfy this payoff amount. Mr. Dorius requested To amount of attorney promised that he would against a filed a lien judgment, Mr. Bond *3 him an amount the end of get back to At the the Pyper. Mr. time owned house week, Mr. Dorius did not do so. the but filed, an house had estimated the lien of un- $125,000. approximately After two more weeks approximately value calls, attorney phone Pyper's Mr. answered 2006, properly noticed T5 In November Py- regarding Dorius a letter Mr. sent Mr. Pyper's held at which Mr. sale was sheriff's judgment against per's satisfy desire to the the Mr. Bond was home was auctioned. property. his An attor- him and to redeem purchased Mr. the sale. Mr. Bond bidder at responded Firm ney representing the Law with a bid of Pyper's $329. home Pyper Mr. that his the letter and informed expired. had 20, 2007, Pyper Mr. called the April 1 6 On redemption his desire re- expressed learning and 110 After the Law Firm call, phone During expired, Pyper petition the Mr. filed a property. his had deem seeking him the Firm to district court to set aside the Pyper provide Mr. asked the amount. An judgment payoff lien 2008, awith property. In sheriff's sale of his June that an the district court held a Pyper the Firm told Mr. employee of hearing peti- on the Bond, tion, Dorius, call, Mr. Mr. and but no one which attorney would return his Mr.Pyper. contacted Pyper Mr. testified. Sometime after hearing, the district court issued a memoran- Law April Pyper called the 17 On it dum decision which concluded that the Dorius, spoke with Dale again Firm and property price sale of Mr. Bond's was so During Firm. this conversa- attorney at the "grossly inadequate" as to the con- "shock{ ] tion, Dorius that he Pyper told Mr. impartial of an mind." The district science judgment against him satisfy wanted that Mr. Bond court also concluded $8,500 pay to do so. Mr. and offered to "slight to at Dorius's conduct amounted least needed to talk to Dorius stated he circumstances of unfairness" to Mr. offer, but no one at the Firm Bond about the conclusions, court Based on these the district Pyper with an answer. contacted Mr. ever Pyper's the sheriffs sale of Mr. set aside Dorius, Mr. his with Mr. After conversation property. every day Firm for the Pyper called the Law "[ (collectively, Mr. Bond and Dorius twenty-eight days but was unable to next timely appealed Appellants) Dorius. speak with Mr. Bond or Mr. Appeals. court's decision to the Utah Court 8, 2007, May 180-day appeals or about 18 On The court of affirmed proper- period in which a debtor redeem to set aside the sheriffs district court's decision doing, sal e.2 In so expired. Shortly ty at a sale sold sheriff's thereafter, Pyper's agreed home was with the district court's the deed to Mr. noted that May that the facts of the case involved to Mr. On conclusion transferred Bond. and, least, both Pyper spoke with Mr. Bond about satis- Specifi judgment against him and informed cireumstances of unfairness.3 fying the money cally, court of concluded that the that he had the to do so. Mr. Bond represented, Pyper "words and actions Bond told Mr. that he needed to implicitly, going were the issue and at least speak with Mr. Dorius about redemption process" participate call Mr. back. No one that he would act in accordance that it was "their failure to call. Mr. con- returned Mr. justified] with this calling Mr. Bond and Mr. Dorius on a tinued warranting finding of unfairness district court's near-daily basis for the next two weeks. Id.116. UT 1. See , Id.120.
57g section 78B-6-906 of the That Utah Code.7 Finally, lief"4 re explained findings that the district court's section states that "[slales of real estate un great both judgments mortgages der of foreclosure of subject redemption." and liens are cireumstances of unfairness had "vest[ed] authority district court with the to set aside procedures exercising right to re Pyper's property] sale [sheriffs] [of Mr. demption are set out in rule 69C of the Utah prior precedents." under part, Rules Civil Procedure.9 relevant provides this person seeking rule that a [ 12 Mr. Bond Mr. Doritus then filed a through redeem sold a sheriff's sale certiorari, petition granted. which we On pay must the amount of the bid within siz certiorari, argue Mr. Bond and Mr. Dorius *4 months after the sale.10 that decision should be reversed because it conflictswith this court's instances, 115 In compli most "strict
precedent concerning the
for
standard
set-
redemption
ance with the
period
six-month
is
ting
jurisdic-
aside a sheriff's sale. We have
11
... required." But in
appeal pursuant
tion to hear this
some cireumstances
section
78A-3-102(8)(a)
sitting-in equity may
of the Utah Code.
"a court
extend a re
demption period or set
a
aside
sheriff's sale
expired.
period
redemption"
after
for
has
STANDARDOF REVIEW
instance,
For
we have indicated that
12
certiorari,
T18 "On
we review the
may
a court
set aside a sheriff's sale where
decision of the court of
for correct
(1)
grossly
debtor's
is sold at a
ness, giving no deference to its conclusions of
(2)
inadequate price
irregu
there were
6
law."
during
larities
the sale that contributed to
inadequacy
price
or cireumstances of
ANALYSIS
redemption
unfairness
by
party
conduct of the
benefitted
I. THE COURT OF
DID
APPEALS
NOT by the sale.13
operate
These factors
on a
ERR IN ITS CONSTRUCTION OF
Thus,
sliding seale.
greater
dispro-
THE STANDARD FOR SETTING
portionality
price,
the less unfairness or
A
ASIDE
SALE
SHERIFF'S
irregularities
fewer
party
must demon
mayjustifiably
strate beforea court
extenda
114
right
redemption
from a
statutory right provided
sheriff's sale is a
redemption period
or set aside a sheriff's
(1936)
("It
added).
quite generally
(emphases
is
4.
held that substantial
Id. 118
fraud, mistake,
inadequacy
price, coupled
dealing
justify
or other unfair
5.
Id. "420.
sufficient
equity upon timely
court of
motion to set aside
6.
White,
State v.
2011
resale.");
¶ 14,
UT
251 P.3d
21,
820.
Young
the sale and order a
v. Schroe
der,
155,
252,
(Utah
10 Utah
P.
37
254
Terr.
Urag Cope
(2008).
§
7.
1894);
Marvel, Annotation,
Amn. 78B-6-906
see also
C.
Charles
Inadequacy
Setting
Price as Basis
Aside
73B-6-906(1).
Sale,
§
8.
Id.
Execution or
5 ALRAth
Sheriff's
(2011) ("Although
infrequently
it is
held that a
Urag
9. See
R. Civ. P. 69C. We
grossly
note that
Utah
inadequate price
justifies setting
itself
by
Rules of Civil Procedure were enacted
this
recog
aside an execution
all courts
virtually
by
Legislature.
court and not
the Utah
inadequacy
price,
nize
degree,
that
in some
combined
some
form of other circum
stances,
10. See id.
especially those indicative of fraud or
part
purchaser,
unfairness on the
of the
or mis
take,
justify
setting
.(Utah
does
aside of an execution
Lewis,
Huston
v.
531,
818 P.2d
sale, or,
1991).
happens, justifies
as it sometimes
allow
ing
redemption
property.").
late
We have
recognized
also
other circumstances
Id.
justify setting aside a sheriff's sale such as
See,
Dowse,
283,
e.g.,
Pender v.
1 Utah 2d
"fraud,
accident, mistake, or waiver."
J.A. Mol
644,
(1954);
Int'l,
1122,
P.2d
647-48
lerup
Storage Sys.
First Nat'l Bank v.
v.
569 P.2d
(Utah 1977).
89 Utah
Haymond,
authority to set aside
court with the
sale.14
1 First, they
contend
this
sale.2
$16
Young
example, in
Schroe
For
v.
"heightened"
a "new" and
standard
created
der,
Territory of
for the
Supreme
Court
aside a sheriff's sale Huston.
"'[gJreat
inadequacy {fof
noted that
Utah
Second, they argue that because this "new"
only slight cireumstances of
requires
price]
requires
"compelling" civreum-
standard
party
bene-
in the conduct
stances,
longer
it is no
sufficient to demon
presumption
[a]
the sale to raise
fitted
inadequacy
great
strate
justify setting aside
sale.15
fraud" and to
Instead,
cireumstances of unfairness.
Dowse,
Similarly, in
we noted
Pender
now demonstrate
claim that a
must
"(lt
equity
intervene
will
is well settled
great
inadequacy
and substantial
or cancel a
aside an execution sale
and set
persuaded.
are not
unfairness. We
deed,
after the
sheriff's
matter,
disagree
119 As an initial
appears
the con
expired,
[that]
where it
that our
contention
inadequate
and the
grossly
sideration
in Fustorn-that
"a court should
statement
attended
sale was
when the
sale]
sheriffs
[set
Pender,
reiterated that
we also
fraud.1
compelling and move
equities of the case are
requires only
price]
"great
[of
*5
the conscience of the court 22
a
in
the con
slight cireumstances of
"higher"
setting
standard for
aside
"new" or
by
sale to
party
benefitted
duct of
7
creating
in
Rather than
a sheriff's sale Utah.
of fraud.1
presumption
raise the
standard,
in
a new
our statement
Huston
$17
revisited the standard
We
merely synthesized and articulated the stan
in
v.
sale
Huston
setting aside a sheriff's
consistently applied in
dard that we have
our
Huston,
prior
our
In
we reaffirmed
Lewis.18
context.23 In other
cases in the sheriff's sale
equi
sitting
"a court
stating that
opinions,
words,
precedent
of our
concern
our review
redemption period or set
ty may
extend
ing
indicates that
this court
sheriff's sales
after
sale
sheriffs
always required
party
that a
demon
9
noted, however,
"a
redemption.1 We
compelling circumstance that "moves
strate a
an action
when
should take such
court
of the court" before a district
the conscience
compelling and
equities of the case are
equitable authority
with
is vested
of the court.20
move the conscience
redemption period or set aside a
extend a
fact,
{18
case,
supported
In
our
Appellants
sheriffs
sale.24
we
the instant
by
directly
citing
in Huston
in two
statement
argue that the court of
erred
concluding that
context,
the district
respects in
in
early
in the sheriff's sale
cases
1894,25
cluding Young,which
decided
great inadequacy of
was
findings
court's
of "both
Thus,
any ambigui
the extent that there is
slight cireumstances of
the sales
ty,
clarify that our statement
Huston
...
to vest
served
(footnote omitted).
at
19.
Id.
535
Young,
e.g.,
647-48;
at
See,
Pender,
14.
Marvel,
note
at
254;
P. at
see also
37
supra
("[Clases
jurisdictions have
numerous
794
from
added)
(internal
(emphasis
quotation
20.
Id.
justi
...
a court
is
[that]
contained
statements
omitted).
marks
setting
sale]
aside a sheriff's
where
[in
fied
accompanied by
gross inadequacy
is
331, ¶ 20,
224
v.
2009 UT
21.
unfairness,
slight
or
circumstances indicative of
P.3d 713.
by slight
irregulari
where the
is affected
sale
omitted)).
(internal quotation marks
ties."
added) (internal
(emphasis
22.
P.2d at 535
added)
(emphasis
(quoting
at
15. 37 P.
Graf
omitted).
quotation marks
Burgess,
6 S.Ct.
117 U.S.
fam
(1886).
L.Ed.
eg.
See,
23.
id.
18.
words
in Associate Chief Justice
PARRISH concur
implicitly,
at least
Pyper "represented,
Mr.
opinion.
DURRANT's
partici
going to
Appellants] were
[the
redemption process.32
pate
NEHRING, concurring and
Justice
it was
explained
also
of
court
dissenting
part:
to act in accordance
Appellants' "failure
majority's
in Part
129 I concur
I
justified]
representation that
with this
opinion.
warranting
finding of unfairness
court's
district
lief,33
{30
agree
dissent, however,
Althoughwe do not
compelled
I
to
am
re
majority's
that Messrs.
im
conclusion
represented an
from
Appellants' conduct
themselves
Bond and Dorius conducted
participate
in the re
willingness to
plicit
however,
review,
Lewis,
(Utah
the court
rectness standard
v.
29. See Huston
1991).
implicitly
found that the district
its
had not abused
discretion.
Id.;
Dep't
v. Utah State
Com
30.
see also Mack
47, ¶ 22,
("We
merce,
not regarding him obligation to advise no
have
ends and
representation
law onee their
adverse.5 Without
interests become
their
duty to com
legal or ethical
affirmative
some
the deleterious duty to Pyper's lawyer had a
law.7 redemption rights in the him of his
inform timely rights on assert those
process and behalf, that Messrs. Given longer represented Mr. Dorius no
Bond and adverse, and were
Pyper, that their interests separate legal Pyper had obtained
that Mr.
counsel, any in re I do not see Conpucr Conpuct 4.2(a) ("In representing 1.9(c)(1) (emphasis 6. Uran R. Pror't add-
4. Urau R. Pro's ed). about shall not communicate client, lawyer person subject representation with a represented another lawyer knows to be *9 Conduct of Professional 5. Under Utah Rule matter."). lawyer 1.6(b)(5), attorney "may reveal information relating a client ... Conpuct Urag ("As repre- pmbl. controversy R. Pror'c 7. See or defense ... establish a claim clients, lawyer performs various duty lawyer sentative of the client." If the between advisor, lawyer provides attorney As an abridged functions. confidentiality because understanding an informed client with adverse due to a fee dis- interests become client obligations explains legal rights attorney no client's reasonably that the pute, follows advocate, implications. a law- practical As their obligation advise the former longer has an position under yer zealously the client's dispute asserts respect to their of the law with client adversary system."). the rules of the are adverse. very that their interests reason
