Smith v. DeNiro

Utah Supreme Court

Smith v. DeNiro

501 P.2d 265, 28 Utah 2d 259, 1972 Utah LEXIS 847

CourtUtah Supreme Court

DecidedSeptember 19, 1972

Docket12752

StatusPublished

Cited by6 cases

This text of 501 P.2d 265 (Smith v. DeNiro) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. DeNiro, 501 P.2d 265, 28 Utah 2d 259, 1972 Utah LEXIS 847 (Utah 1972).

Pincite

Opinion

CALLISTER, Chief Justice:

Plaintiff appeals from a judgment in a quiet title action, wherein the trial court amended the findings of fact and decree upon remand from this court in a prior appeal. 1

A review of the record reveals that plaintiff did not present to the trial court for its consideration the issues upon which he predicates error. Furthermore, in his proposed amendments to the findings and decree, plaintiff submitted the same provisions which he now challenges. Finally, in the first appeal before this court, wherein plaintiff was respondent, he did not cross-appeal, although the original decree contained one of the same provisions and had the same legal effect, which he currently claims is erroneous.

In Simpson v. General Motors Corporation 2 this court stated:

. . . Orderly procedure, whose proper purpose is the final settlement of *261 controversies, requires that a party must, present his entire case and his theory or theories of recovery to the trial court; and having done so, he cannot thereafter change to some different theory and thus attempt to keep in motion a merry-go-round of litigation.

The judgment of the trial court is affirmed. Costs are awarded to defendants.

TUCKETT, HENRIOD and ELLETT, JJ., concur. CROCKETT, J., concurs in the result.

1

. See Smith v. DeNiro, 26 Utah 2d 153, 486 P.2d 1036 (1971); 25 Utah 2d 295, 480 P.2d 480 (1971).

2

. 24 Utah 2d 301, 303, 470 P.2d 399 (1970).

Free access — add to your briefcase to read the full text and ask questions with AI

CALLISTER, Chief Justice:

Plaintiff appeals from a judgment in a quiet title action, wherein the trial court amended the findings of fact and decree upon remand from this court in a prior appeal. 1

A review of the record reveals that plaintiff did not present to the trial court for its consideration the issues upon which he predicates error. Furthermore, in his proposed amendments to the findings and decree, plaintiff submitted the same provisions which he now challenges. Finally, in the first appeal before this court, wherein plaintiff was respondent, he did not cross-appeal, although the original decree contained one of the same provisions and had the same legal effect, which he currently claims is erroneous.

In Simpson v. General Motors Corporation 2 this court stated:

. . . Orderly procedure, whose proper purpose is the final settlement of *261 controversies, requires that a party must, present his entire case and his theory or theories of recovery to the trial court; and having done so, he cannot thereafter change to some different theory and thus attempt to keep in motion a merry-go-round of litigation.

The judgment of the trial court is affirmed. Costs are awarded to defendants.

TUCKETT, HENRIOD and ELLETT, JJ., concur. CROCKETT, J., concurs in the result.

1

. See Smith v. DeNiro, 26 Utah 2d 153, 486 P.2d 1036 (1971); 25 Utah 2d 295, 480 P.2d 480 (1971).

2

. 24 Utah 2d 301, 303, 470 P.2d 399 (1970).

Cite This Page — Counsel Stack

Bluebook (online)

501 P.2d 265, 28 Utah 2d 259, 1972 Utah LEXIS 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-deniro-utah-1972.

Opinion

Related

Cite This Page — Counsel Stack