Federal Pacific v. Utah State Treasurer

2016 UT App 24

• Court: Court of Appeals of Utah
• Decided: February 4, 2016
• Docket: 20140853-CA
• Status: Published

Opinion

2016 UT App 24

THE UTAH COURT OF APPEALS

FEDERAL PACIFIC CREDIT COMPANY, LLC, Appellant, v. UTAH STATE TREASURER, UNCLAIMED PROPERTY ADMINISTRATOR, Appellee.

Memorandum Decision No. 20140853-CA Filed February 4, 2016

Third District Court, West Jordan Department The Honorable Charlene Barlow No. 060409693

Gregory M. Constantino, Attorney for Appellant Sean D. Reyes, Thom D. Roberts, and Michael K. Green, Attorneys for Appellee Clark L. Snelson, Attorney for Amicus Curiae Utah State Tax Commission

JUSTICE JOHN A. PEARCE authored this Memorandum Decision, in which JUDGES GREGORY K. ORME and J. FREDERIC VOROS JR. concurred.1

PEARCE, Justice:

¶1 Federal Pacific Credit Company, LLC appeals from the district court’s order quashing its writ of garnishment on the

1. Justice John A. Pearce began his work on this case as a member of the Utah Court of Appeals. He became a member of the Utah Supreme Court thereafter and completed his work on the case sitting by special assignment as authorized by law. See generally Utah R. Jud. Admin. 3-108(3). Federal Pacific v. Utah State Treasurer

Unclaimed Property Division.2 This case is indistinguishable from its companion case, Asset Acceptance LLC v. Utah State Treasurer, 2016 UT App 25, with which it was argued and which we also issue today. For all of the reasons set forth in Asset Acceptance, we affirm the district court’s order.

2. On appeal, the Unclaimed Property Division, which acts under the direction of the Utah State Treasurer, refers to the relevant party as the Unclaimed Property Administrator.

20140853-CA 2 2016 UT App 24