Taylor v. Hansen

958 P.2d 923, 342 Utah Adv. Rep. 41, 1998 Utah App. LEXIS 31, 1998 WL 237651
CourtCourt of Appeals of Utah
DecidedMay 7, 1998
Docket960774-CA
StatusPublished
Cited by6 cases

This text of 958 P.2d 923 (Taylor v. Hansen) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Hansen, 958 P.2d 923, 342 Utah Adv. Rep. 41, 1998 Utah App. LEXIS 31, 1998 WL 237651 (Utah Ct. App. 1998).

Opinion

OPINION

GREENWOOD, Judge:

Jane Ann Taylor appeals the trial court’s denial of her Motion to Compel Defendant to Sign Trust Agreement and her Motion for Judgment for Delinquent Child Care Costs and for Certain Other Relief. She also appeals the trial court’s imposition of Rule 11 sanctions against her. We affirm in part and reverse in part.

*925 BACKGROUND

Jane Ann Taylor and Marc Hansen were married in 1989. They had two children. On August 1, 1995, Taylor filed for divorce from Hansen. In January 1996, Taylor filed an affidavit with the court, in which she averred that both parties “endorse[] the stipulation and motion for entry upon Findings and Decree.” The affidavit stated that “[t]he Findings and Decree are consistent in every respect with the Complaint on file ... and with our agreed settlement of the matter.” The divorce court’s Findings of Fact stated that “[a]ll matters relating to ... property division ... have been agreed to by the parties and are set forth in detail in the judgment and decree of divorce ... entered contemporaneously herewith.”

The portions of the divorce decree pertinent to issues on appeal include Paragraph 4(c), which ordered Hansen, “per the applicable statutes,” to reimburse Taylor for one-half of any child care costs or expenses incurred by her because of her career or occupational training and/or employment. The decree included no requirements for documentation and proof.

Paragraph 12 of the decree awarded to Hansen “in his capacity as a Trustee” 214,639 shares of Cambric Graphics common stock. That paragraph ordered Hansen to

hold and deal with [the stock] as Trustee for the sole and exclusive use and benefit of the two minor children ... pursuant to the terms of a Trust Agreement to be prepared agreed to and executed by [the parties] pursuant to this Judgment and Decree of Divorce. The ... Agreement shall, in addition to normal and usual provisions with respect to investing and preserving the assets and income of the trust for the me and benefit of the children, provide (i) for annual accountings to be made by [Hansen] to [Taylor] ..., (ii) for disbursement for the benefit of the children for their health, education, welfare, missions ... and for their post-high school -education, with the corpus to be distributed to the children in equal shares upon their -respective 25th birthdays, and (iii) in the event of [Hansen’s] death, Zion’s Bank and Trust Company shall become the substitute trustee.

(Emphasis added.)

After entry of the divorce decree, Taylor mailed Hansen a proposed draft of the “Marc Richard Hansen Irrevocable Trust Agreement and Declaration of Trust.” Hansen rejected the proposed trust agreement, stating it diverged from the terms provided in the parties’ settlement agreement and divorce decree.

Hansen then sent Taylor a proposed draft of the trust agreement. Hansen’s proposed trust agreement was consistent with the decree and included statutory provisions regarding powers of a trustee. See Utah Code Ann. § 75-7-402 (1993). .

Taylor rejected Hansen’s proposed trust agreement and filed a Motion to Compel Defendant to Sign Trust Agreement, or alternatively, to Amend the Judgment and Decree of Divorce. Taylor claimed her proposed trust agreement was more closely aligned with the requirements of the divorce decree. She asked that the court either order Hansen to sign her proposed trust agreement or, “in the alternative, to award [the stock] to [Taylor] as her separate property representing her equal share of this portion of the marital estate.” Taylor also requested her attorney fees and costs associated with bringing the motion.

Hansen opposed Taylor’s motion, claiming it was procedurally defective. Hansen argued that Taylor’s proposed trust agreement contained provisions not contemplated by the divorce decree and that Taylor was effectively asking the court to modify the decree without first having filed a petition to modify under Rule 6-404(1) of the Utah Code of Judicial Administration. 1 Hansen asked the *926 court to deny Taylor’s request for attorney fees and costs and instead asked that he be awarded his attorney fees and costs pursuant to Rule 11 of the Utah Rules of Civil Procedure because, he argued, Taylor’s motion to compel was “not warranted by existing law” and because he had been required to respond to Taylor’s “procedurally defective motion to modify the divorce decree.”

' Taylor filed a Reply Memorandum, withdrawing her alternate prayer for relief “to amend the Judgment and Decree of Divorce.” Taylor also filed a second motion with the court, seeking reimbursement of delinquent child care costs. Hansen’s response to the motion claimed Taylor had complied with neither the statutory nor decree requirements for verification of child care costs.

The trial court entered an order basically denying both of Taylor’s motions. In this order, the trial court also denied Taylor her request for attorney fees and costs and awarded Hansen attorney'fees and costs pursuant to Rule 11. Hansen subsequently filed a motion for an award of attorney fees, seeking judgment in a specific amount. Prior to the trial court acting on that motion, Taylor filed a notice of appeal. Thereafter, the trial court entered an order granting fees to Hansen, fixing the dollar award amount.

ISSUES

Hansen initially challenges this court’s jurisdiction to hear the appeal, claiming that because the trial court had not determined the amount of the attorney fee award before Taylor brought her appeal, the appeal was not taken from a “final order” as required by Rule 3 of the Utah Rules of Appellate Procedure. Taylor claims on appeal that the trial court erred in (1) denying her motion to compel Hansen to sign her proposed trust agreement, (2) denying her Motion for Reimbursement of Child Care Costs, (3) imposing Rule 11 sanctions upon her, and (4) denying her motion for attorney fees. Hansen requests his attorney fees on appeal pursuant to Rule 33 of the Utah Rules of Appellate Procedure.

ANALYSIS

. Jurisdiction

As a threshold issue, we must determine if Taylor’s appeal is from a “final order” as required under Rule 3 of the Utah Rules of Appellate Procedure. 2 That is, when attorney fees have been awarded to a party but the amount of those fees has not yet been determined by court order, is the case sufficiently final to permit filing of an appeal? 3

The United States Supreme Court has held that proceedings for attorney fees and those under Rule 11 are collateral matters that do not address the merits of a party’s cause of action, enabling federal courts to consider them after an order on the merits has been issued. See Cooter & Gell v. Hartmax, 496 U.S. 384, 395-96, 110 S.Ct. 2447, 2455-56, 110 L.Ed.2d 359 (1990).

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Bluebook (online)
958 P.2d 923, 342 Utah Adv. Rep. 41, 1998 Utah App. LEXIS 31, 1998 WL 237651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-hansen-utahctapp-1998.