OPINION
T1 Plаintiff Seott R. Turville (Plaintiff) appeals three trial court rulings in favor of Defendants Tri-J Properties LLC (Tri-J); J & J Properties LC (J & J) and its members John Quitiquit and James W. Ritchie, in their individual capacities; and Clark Properties, Inc. (CPT) and its officers John T. Clark and Sherlene Clark, in their individual capacities. We affirm.
BACKGROUND
2 In 1995, J & J, through its members Ritchie and Quitiquit, joined with CPI, through its officers Mr. and Mrs. Clark, to form Tri-J. Upon its formation, Tri-J bought 142 acres of property in Davis County. After Davis County accepted Tri-J's bid for the property, Mr. Clark, unbeknownst to Ritchie and Quitiquit, caused the property to be titled in CPT's name rather than Tri-J's. Mr. Clark later deeded the property back to TriJ, only to subsequently deed 128 acres of the property (the Kaysville Property) back to CPI when Ritchie was out of the country. Fourteen acres of the property (the 14-Acre Property) remained in Tri-J's name. All of the transfers by Mr. Clark were without Ritchie's or Quitiquit's consent.
I3 Sometime thereafter, Plaintiff met with Ritchie, Quitiquit, and Mr. Clark in hopes of purchasing the Kaysville Property and the 14-Acre Property from Tri-J. Tri-J's members were undecided as to whether to sell. However, Mr. Clark later contacted Plaintiff to see if he was still interested in purchasing the property. Mr. Clark informed Plaintiff that CPI owned the Kaysville Property and, despite Tri-J owning the 14-Aere Property, Mr. Clark had the authority to sell that parcel as well because he was manager of the 14-Acre Property. Mr. Clark also indicated that because he had cancer he did not think he would be able to develop the properties by himself.
4 4 Plaintiff subsеquently made an offer to Mr. Clark to purchase the Kaysville Property and the 14-Acre Property, including their underlying debts, for $1,000,000. Mr. Clark agreed to sell the properties and, subsequently, caused CPI to deed the Kaysville Property to Plaintiff and granted Plaintiff a quitclaim deed to CPI's interest in the 14-Acre Property. Apparently, Mr. Clark also promised Plaintiff that he could convince Tri-J to transfer the 14-Acre Property to Plaintiff. In exchange, Plaintiff gave Mr. Clark a note for $1,000,000 and began developing the properties.
{5 Despite Mr. Clark's promise to Plaintiff, Mr. Clark was unable to convince Tri-J to deed the 14-Acre Property to Plaintiff. Tri-J refused to turn over its interest with *1148 out proper compensation, alleging that Plaintiff had no legal right to the 14-Acre Property because Mr. Clark had no legal authority to transfer the property.
T6 Plaintiff later contacted Mr. Clark about obtaining an easement across the 14-Acre Property. Mrs. Clark, at the direction of Mr. Clark, executed such an easement.
1 7 In December 1998, Tri-J and CPI sued Plaintiff, claiming Plaintiff had no legal rights to either of the properties because Plaintiff had obtained them by misrepresentation and without consideration. Tri-J and CPI requested that the trial court void the deed to the Kaysville Property and the subsequent easement encumbering the 14-Acre Property. Tri-J and CPI also filed a notice of lis pendens. Soon after filing the lawsuit against Plaintiff, Mr. Clark apparently made a deal with Ritchie and Quitiquit that they would receive $300,000 of the proсeeds from the $1,000,000 note given to Mr. Clark by Plaintiff. Under their agreement, Mr. Clark would retain $700,000. In November 1999, without Plaintiff ever filing an answer to their complaint, Tri-J and CPI dismissed the lawsuit without prejudice.
18 On July 25, 2000, Plaintiff filed a complaint against Ritchie, Quitiquit, Tri-J, and J & J (collectively, Defendant Ritchie/Quiti-quit), along with CPI and Mrs. Clark (collectively, Defendant Clark) and Mr. Clark. 1 In his complaint, Plaintiff set forth thirteen allegations: (1) alter ego, (2) fraud, (8) breach of contract, (4) breach of warranty, (5) breach of implied covenant of good faith and fair dealing, (6) malicious prosecution, (7) abuse of process, (8) slander of title, (9) intentional and/or negligent interference with current and prospective business relations/contracts, (10) intentional and/or negligent infliction of emotional distrеss, (11) defamation, (12) civil conspiracy, and (18) declaratory and other equitable relief. On July 26, 2000, Plaintiff served Ritchie with process.
T9 After filing his complaint and serving Ritchie, Plaintiff took no further action, and in May 2001, the trial court issued an order to show cause why the case should not be dismissed for Plaintiffs failure to prosecute. Four months later, Plaintiff filed for a default judgment against Ritchie after Ritchie failed to appear and answer Plaintiff's complaint. The trial court issued a default judgment against Ritchie on September 24, 2001. In May 2002, Mr. Clark died of cancer.
110 Between late October and mid-November 2002, Plaintiff served his complaint on Tri-J, J & J, Quitiquit, CPI, and Mrs. Clark. Plaintiff never served Mr. Clark. On November 18, 2002, Defendant Clark answered Plaintiff's complaint and filed a notice of suggestion of death, noting for the record that Mr. Clark had died. On November 21, 2002, Ritchie moved to set aside the 2001 default judgment against him. At this time, Defendant Ritchie/Quitiquit also moved to dismiss Plaintiff's claims. Plaintiff cross-motioned for summary judgment.
4 11 In March 2008, counsel for Mr. Clark moved to dismiss Plaintiffs action against Mr. Clark with prejudice for Plaintiffs failure to file a motion for substitution of parties-specifically, the substitution of Mr. Clark's estate (the Estate of Mr. Clark)within ninety days after the notice of suggestion of death, as required under Utah Rule of Civil Procedure 25. See Utah R. Civ. P. 25(a)(1).
1 12 At a March 24, 2008 hearing, the trial court granted Ritchie's motion to set aside judgment and denied Plaintiff's cross-motion for summary judgment. The trial court also partially granted Defendant Ritchie/Quiti-quit's motion to dismiss, dismissing without prejudice Plaintiff's secоnd (fraud) and twelfth (civil conspiracy) claims for relief because of procedural deficiencies. The trial court, however, granted Plaintiff leave to amend these claims to cure their deficien-cles. 2
T 13 In response, on April 9, 2003, Plaintiff filed his first amended complaint (First Amended Complaint). Plaintiffs First Amended Complaint not only amended claims two and twelve, it also added five *1149 additional parties: the Estate of Mr. Clark; Clark LHS, LLC; the Clark Charitable Grantor Trust; Ritchie Enterprises, LP; and Paul Ritchie. The complaint also included two new causes of action: unfair competitive practices and fraudulent conveyances. On that same day, Plaintiff filed a motion for leave to amend (Motion to Amend) to include the additional pаrties and claims set forth in his First Amended Complaint.
[ 14 In a minute entry dated May 9, 2008, the trial court denied Mr. Clark's motion to dismiss for failure to substitute parties, ruling that because Mr. Clark was named but never properly served, nor had he appropriately entered an appearance, he was not a party to Plaintiff's action. See Utah R. Civ. P. 25(a)(1) (stating that failure to substitute within ninety days will result in dismissal as to the deceased party).
{15 On June 80, 2008, the trial court denied Plaintiff's Motion to Amend. In July 2003, Defendant Ritchie/Quitiquit moved to strike Plaintiffs First Amended Complaint and moved for an award of summary judgment. In a September 22, 2008 minute entry, the trial court stayed Defendant Ritehie/Quitiquit's motion for summary judgment pending further discovery and granted its motion to strike Plaintiffs First Amended Complaint, resulting in the actionable complaint precluding Plaintiff's second and twelfth claims for relief.
116 On October 16, 2008, Ritchie moved for partial summary judgment, which the trial court ultimately granted as to Plaintiff's third, fourth, fifth, sixth, ninth, 3 tenth, and thirteenth claims against Ritchie. The trial court dismissed these claims with prejudice.
T 17 In November 2003, Defendant Clark, later joined by Defendant Ritchie/Quitiquit, moved to dismiss Plaintiff's complaint for failure to join the Estate of Mr. Clark as an indispensable party (Motion to Dismiss for Failure to Join an Indispensable Party). 4
{18 On December 5, 2008, Defendant Ritchie/Quitiquit renewed its motion for summary judgment after Plaintiff failed to conduct its requested discovery by the December 1 deadline. On that same day, Plaintiff also moved the trial court to reconsider his Motion to Amend and grant leave to file a seсond amended complaint.
19 At an April 14, 2004 hearing, the trial court: (1) denied Plaintiffs motion to reconsider his Motion to Amend; (2) denied Plaintiff's motion for summary judgment; (8) granted Defendants' Motion to Dismiss for Failure to Join an Indispensable Party; and (4) granted Defendant Ritchie/Quitiquit's renewed motion for summary judgment, dismissing all of Plaintiff's claims against Defendant Ritchie/Quitiquit.
[ 20 On April 20, 2004, Ritchie, later joined by Quitiquit, J & J, and Tri-J, moved for attorney fees and costs (Motion for Attorney Fees and Costs). 5 The trial court granted the Motion for Attorney Fees and Costs on August 18, 2004.
{21 On January 6, 2005, the trial court issued its findings of fact and conclusions of law, stating that judgment should be entered in favor of Ritchie for $29,235.26 in attorney fees and costs, 6 and in favor of the remaining Defendant Ritchie/Quitiquit members for $25,202.17 in attorney fees and costs. On January 14, 2005, Plaintiff paid Defendant Ritchie/Quitiquit its awarded attorney fees and costs. On February 8, 2005, the trial court entered judgment against Plaintiff.
*1150 122 Plaintiff appeals the trial court's orders: (1) denying his Motion to Amend, (2) denying his motion to reconsider his Motion to Amend, (8) granting Defendants' Motion for Failure to Join an Indispensable Party, and (4) granting Defendant Ritchie/Quiti-quit's Motion for Attorney Fees and Costs. 7
ISSUES AND STANDARDS OF REVIEW
$23 First, Plaintiff argues the trial court improperly denied his Motion to Amend. This court reviews a trial court's denial of a motion to amend for an abuse of discretion, see Kelly v. Hard Money Funding, Inc.,
Second, Plaintiff maintains that because the trial court wrongly determined the Estate of Mr. Clark was indispensable to Plaintiff's action, we should reverse the trial court's grant of Defendants' Motion to Dismiss for Failure to Join an Indispensable Party. We will not disturb "[al trial court's determination [that] a party should be joined to an action ... absent an abuse of discretion." Green v. Louder,
125 Finally, Plaintiff contests the trial court's award of attorney fees and costs to Defendant Ritchie/Quitiquit. We give the trial court "broad discretion" in granting an equitable award of attorney fees and will only reverse when the trial court abuses that discretion. Hughes v. Cafferty,
ANALYSIS
I. Motion to Amend 8
126 Defendant Clark and Defendant Rit-chie/Quitiquit responded separately to Plaintiff's complaint-Defendant Clark answered the complaint and Defendant Ritchie/Quiti-quit moved to dismiss the complaint. At a March 24, 2008 hearing, the trial court granted Defendant Ritchie/Quitiquit's motion to dismiss without prejudice as to Plaintiff's second (fraud) and twelfth (civil conspiracy) claims for relief because Plaintiff failed to plead these claims with particularity in violation of Utah Rule of Civil Procedure 9(b). See Utah R. Civ. P. 9b) ("In all averments of fraud ..., the cireumstances constituting fraud ... shall be stated with particularity."). 9 In doing so, however, the trial court gave Plaintiff fourteen days to amend his second and twelfth claims, warning Plaintiff that "[his] failure to properly file and serve an amended complaint [within that time period would] result in the dismissal of the [slee-ond and [tJwelfth [ellaims for [rlelief with prejudice." In response to the trial court's *1151 grant of leave to amend claims two and twelve, Plaintiff filed his First Amended Complaint. Plaintiffs First Amended Complaint, however, not only amended claims two and twelve but also exceeded the trial court's instructions by incorporating two additional causes of action and adding five additional parties, including the Estate of Mr. Clark. In addition to his First Amended Complaint, Plaintiff also filed his Motion to Amend to add the аdditional parties and allegations that he had already proceeded to include in his First Amended Complaint. The trial court denied Plaintiff's Motion to Amend and struck Plaintiffs First Amended Complaint. Plaintiff appealed the trial court's denial of his Motion to Amend.
127 Utah Rule of Civil Procedure 15 governs the amendment of pleadings, providing that
[a] party may amend his pleading once as a matter of course at any time before a responsive pleading is served.... Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires.
Utah R. Civ. P. 15(a). Accordingly, before we address whether the trial court abused its discretion in denying Plaintiff's Motion tо Amend, see Kelly v. Hard Money Funding, Inc.,
128 Utah courts have held that a motion to dismiss does not constitute a responsive pleading, and thus, a party may still amend once without leave of court aftеr a defendant files a motion to dismiss. See Heritage Bank & Trust v. Landon,
129 In the present case, the trial court dismissed with leave to amend, indicating that its dismissal was not final in nature. Therefore, Plaintiff did not lose all rights to amend when the trial court granted the motion to dismiss. The question remains, howеver, whether Plaintiff, who did not amend once as a matter of course prior to dismissal, retained his right to amend without leave of court after the trial court's interlocutory dismissal. Our decision in the 1989 case of Heritage Bank & Trust v. Landon suggests that a plaintiff does not lose its right to amend once as a matter of course after efitry of an interlocutory dismissal. See
180 Our interpretation of the court's statement in Barton aligns Utah law with the law of a number of federal courts that have determined that the right to amend as a matter of course under Federal Rule of Civil Procedure 15(a) terminates with a nonfinal order of dismissal and, thus, a plaintiff must thereafter move for leave to amend.
10
See Czeremcha v. International Ass'n of Machinists & Aerospace Workers,
131 Because we determine the trial court had the authority to exercise its discretion in denying Plaintiff's Motion to Amend as to both Defendant Clark and Defendant Ritchie/Quitiquit, we now consider whether the trial court in fact abused that discretion. When considering whether a trial court abused its discretion in granting or denying a motion to amend, this court examines three factors: "'(1) the timeliness of the motion; (2) the justification for delay; and (8) any resulting prejudice to the responding party" Tretheway v. Furstenau,
132 In denying Plaintiffs Motion to Amend, the trial court determined that "Plaintiff hald] failed to demonstrate any valid reason for the considerable delay since the filing of the original complaint" and thus, had "failed to exercise reasonable diligence in bringing claims it had knowledge of or should have had knowledge of long before the filing of the Motion to Amend." Further, the trial court concluded, "[tlhe best interests of trial management and conservation of judicial resources are served by not having moving target claims, particularly when there is no justification for the delay."
133 We conclude the trial court did not abuse its discretion in ruling that Plaintiff's Motion to Amend was untimely and unjustified. In Neztsosie v. Meyer,
34 With regard to the justification prong, this court has held that although "thе extent to which the moving party had prior knowledge of the proposed amendment should be a relevant factor in the court's analysis," the court should primarily focus "on the reasons offered by the moving party for not including the facts or allegations in the original complaint." Kelly,
¶35 In the present case, Plaintiff filed his complaint in July 2000, and, like the plaintiff in Nestsoste, it was almost three years later before he filed his Motion to Amend. See
II. Motion to Dismiss for Failure to Join an Indispensable Party
Plaintiff argues that the trial court abused its discretion in determining that the Estate of Mr. Clаrk was an indispensable party to Plaintiffs action. Utah Rule of Civil Procedure 19 governs the join-der of parties necessary for "just adjudication." Utah R. Civ. P. 19. Under rule 19, a court must engage in a two-part inquiry. See Seftel v. Capital City Bank,
(1) in [the party's] absence complete relief cannot be accorded among those already parties, or (2) [the party] claims an interest relating to the subject of the action and is so situated that the disposition of the action in [the party's] absence may (1) as a practical matter impair or impede [the party's] ability to protect that interest or (i) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of [the party's] claimed interest.
Utah R. Civ. P. 19(2)(1)-(2).
T 37 Second, if the court indeed deems the party necessary to the action, and joinder is unfeasible, the court must then determine whether the party is indispensable. See Seftel,
(1) to what extent a judgment rendered in the [party's] absence will prejudice [the party] or those already parties; (2) the likelihood of reducing or avoiding prejudice by protective measures or provisions in the Judgment; (8) the adequacy of the judgment which might be entered in the [party's] absence; and (4) the adequacy of the plaintiff's remedy if the action is dismissed for nonjoinder.
Seftel,
138 We first address whether the trial court appropriately deemed the Estate of Mr. Clark a necessary party under rule 19. Seе Utah R. Civ. P. 19. In considering whether a party is necessary, the trial court must "identify the specific facts and reasoning that support its conclusion that a party is or is not necessary under [rJule 19(a)." Werner-Jacobsen v. Bednarik,
139 Here, the trial court concluded that "based upon the facts and authorities cited by [DJefendants in their various memo-randa," the Estate of Mr. Clark was a necessary party to the action
because, given the nature of [P]laintiff's claims of alter ego and the alleged pivоtal representative role Mr. Clark occupied in the transactions at issue, in the absence of his estate as a party complete relief cannot be accorded to those already parties to this action. In addition, the Estate of Mr. Clark is potentially liable to the other parties to this action such that the absence of *1155 the estate as a party exposes the other parties to substantial risk of incurring multiple obligations without recourse to the estate.
Plaintiff contends the trial court's explanation for its determination that the Estate of Mr. Clark was a necessary party did not sufficiently specify the facts and reasoning in support of its decision. See id. Although perhaps briefer than an appellate court desires, we disagree with Plaintiff that the trial court's stated justification constituted prima facie error. See Higley,
¶40 Further, our own review of the record supports the trial court's conclusion that "in [the Estate of Mr. Clark's] absencel[,] complete relief cannot be accorded among those already parties" to Plaintiffs action. Utah R. Civ. P. 19(a) Here, Plaintiff's claims specifically named or included Mr. Clark in his individual capacity. Cf. Maillalieu-Golder Ins. Agency v. Executive Risk Indem.,
T41 Having agreed with the trial court that the Estate of Mr. Clark was a necessary party to Plaintiffs action, we next consider whether joinder was unfeasible and the estate indispensable to the action. See Johnson v. Higley,
because the presence of the estate [wals required for a full and fair determination of the rights and obligations of those already parties to the action, and in equity and good consсience and particularly because of the opportunities afforded [P]lain-tiff to join the estate which were not utilized, the action should not proceed among the parties before it.
We agree that joinder of the Estate of Mr. Clark was unfeasible at the time of the trial court's May 11, 2004 ruling. Plaintiff could no longer sue the estate under Utah's probate laws because Mr. Clark had died on May 2, 2002, and the notice to creditors was first published on February 25, 2008. See Utah Code Ann. § 75-3-808(1)(a)-(b) (1993) (prohibiting all claims arising prior to decedent's death unless brought within the earli *1156 er of two dates: one year after decedent's death or ninety days from notice publication date).
1 42 We further concur that because Plaintiff named or included Mr. Clаrk in his claims as the major, if not the sole, actor responsible for Plaintiffs alleged damages, "a judgment rendered in [the Estate of Mr. Clark's] absence w[ould] prejudice ... those already parties" to the action; protective judgment provisions would not ameliorate this prejudice; a judgment entered in the Estate of Mr. Clark's absence would be less than adequate; and, most importantly, as a result of the foregoing factors, the nonjoin-der of the Estate of Mr. Clark would violate principles of "equity and good conscience." Utah R. Civ. P. 19(b). Thus, we conclude the trial court did not abuse its discretion in determining the Estate of Mr. Clark was indispensable to Plaintiff's action.
III. Award of Attorney Fees and Costs
£43 Plaintiff maintains the trial court abused its discretion in awarding Defendant Ritсhie/Quitiquit's Motion for Attorney Fees and Costs. In response, Defendant Ritchie/Quitiquit contends that because Plaintiff paid the attorney fees and costs, he waived his right to appeal the award. We agree.
§44 Utah courts have long held that "'f a judgment is voluntarily paid, which is accepted, and a judgment satisfied, the controversy has become moot and the right to appeal is waived.'" West Valley City v. Majestic Inv. Co.,
1 45 In its December 2004 findings of fact and conclusions of law, the trial court determined that attorney fees and costs should be entered in favor of Ritchie and the remaining Defendant Ritchie/Quitiquit members. However, prior to the trial court's entry of judgment in February 2005, Plaintiff paid Defendant Ritchie/Quitiquit its awarded fees and costs. Defendant Ritchie/Quitiquit entered a notice of satisfaction of judgment on May 2, 2005. We conclude that in paying Defendant Ritchie/Quitiquit's attorney fees and costs, Plaintiff effeсtively renounced his right to subsequently appeal the trial court's award of these fees and costs. See Majestic,
CONCLUSION
146 In summary, we conclude the trial court did not abuse its discretion in denying Plaintiffs Motion to Amend and in granting Defendants' Motion to Dismiss for Failure to Join an Indispensable Party. We also determine that Plaintiff waived his right to appeal the trial court's award of attorney fees and costs to Defendant Ritchie/Quitiquit Accordingly, we affirm.
T 47 WE CONCUR: PAMELA T. GREENWOOD, Associate Presiding Judge, and CAROLYN B. MeHUGH, Judge.
Notes
. Throughout this opinion, we also refer to Defendants collectively, meaning Defendant Rit-chie/Quitiquit and Dеfendant Clark.
. The trial court gave Plaintiff fourteen days to amend his complaint.
. The trial court dismissed Plaintiff's ninth claim against Ritchie "to the extent the ... [cllaim for {rJelief [wals based on the alleged negligence of defendant Ritchie."
. Defendant Ritchie/Quitiquit joined in Défen-dant Clark's Motion to Dismiss for Failure to Join an Indispensable Party in December 2003.
. Quitiquit, J & J, and Tri-J joined in Ritchie's Motion for Attorney Fees and Costs in May 2004.
. This award included the $26,391.95 in attorney fees and costs Ritchie incurred from November 20, 2003, the date Defendant Clark moved to dismiss for failure to join the Estate of Mr. Clark as an indispensable party, as well as the $2843.31 in attorney fees and costs Ritchie incurred in filing his motion for summary disposition. See Turville v. J & J Props.,
. Plaintiff also claims that the trial court demonstrated "callousness," "malice," and "bias" toward Plaintiff and Plaintiff's counsel, and therefore, that we should reverse the trial court's entry of judgment for attorney fees and costs, as well as any decisions the trial court made with respect to filing deadlines and discovery scheduling orders. Further, Plaintiff asserts we should disqualify the trial court from any future hearings in the case. However, as Plaintiff concedes, he raised the issue of bias for the first time on appeal. Because this court has held that the principle of preservation "appliеs where the bias or prejudice of a trial court is alleged for the first time on appeal," we refuse to consider Plaintiff's bias claim on appeal. Wade v. Stangl,
. Our decision as to Plaintiff's Motion to Amend also applies to Plaintiff's motion to reconsider since the two motions are substantially equivalent.
. Plaintiff based his civil conspiracy claim, in part, on Defendants' filing of a false and fraudulent lawsuit. See Coroles v. Sabey,
. Because Utah Rule of Civil Procedure 15(a) is substantially similar to Federal Rule of Civil Procedure 15(a), it is appropriate for this court to consider federal "authorities under the federal rules." Heritage Bank & Trust v. Landon,
. The Ninth Circuit allows an amendment as a matter of course even after dismissal of the complaint. See 3 James Wm. Moore et al., Moore's Federal Practice § 15.12[1] (3d ed.2005). The Seventh Circuit also allows a party to amend as a matter of course after dismissal unless the court enters a final judgment. See id. "Other circuits, however, take the position that a plaintiff's right to amend as of course terminates on dismissal of the complaint, and a plaintiff must move for leave to amend." Id. & n. 5 (citing First, Second, Fifth, Eighth, Tenth, and Eleventh Circuit courts).
. Utah Rule of Civil Procedure 19 is "substantially identical" to Federal Rule of Civil Procedure 19. Utah R. Civ. P. 19, Compiler's Notes. It is therefore proper for this court to "look to authorities under the federal rules." Heritage Bank & Trust v. Landon,