Waters v. Jorgenson

2001 UT App 164, 29 P.3d 2, 422 Utah Adv. Rep. 3, 2001 Utah App. LEXIS 39, 2001 WL 544047
CourtUtah Supreme Court
DecidedMay 24, 2001
DocketNo. 20000017-CA
StatusPublished
Cited by4 cases

This text of 2001 UT App 164 (Waters v. Jorgenson) 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
Waters v. Jorgenson, 2001 UT App 164, 29 P.3d 2, 422 Utah Adv. Rep. 3, 2001 Utah App. LEXIS 39, 2001 WL 544047 (Utah 2001).

Opinion

OPINION

GREENWOOD, Presiding Judge:

1 Helena Waters (Appellant) appeals two interlocutory orders entered by the trial court on December 13, 1999 (the December Order) and March 16, 2000 (the March Order), respectively. Appellant argues these orders violated an earlier trial court order of June 22, 1999, (the Dever Order)1 and a written stipulation of the parties. Appellant also argues the trial court erred in its December Order concluding that the proceeds of a lawsuit settled in Nevada would be distributed in accordance with the holding of Switzer v. Reynolds, 606 P.2d 244 (Utah 1980). We reverse the December Order, decline to reach issues raised by the March Order, and remand.

BACKGROUND

12 Leonard D. Waters (Decedent) was injured in an automobile-pedestrian accident in Clark County, Nevada on January 18, 1996, and died intestate on December 14, 1996. Appellant, Decedent's spouse, was informally appointed personal representative of Decedent's estate on December 29, 1997, and formally appointed on June 22, 1999. Appellant and Appellees, who are Decedent's children (Children) from a previous marriage, filed an action against the driver of the automobile in Clark County, Nevada, alleging that Decedent's injuries in the accident contributed to his death (the Nevada Action). The Nevada complaint contained three causes of action: (1) for personal injuries, medical expenses, pain and suffering, and other damages sustained by Decedent and his estate; (2) for loss of consortium brought on behalf of Appellant; and (8) for wrongful death on behalf of Appellant and Children.

1 3 On April 7, 1999, the parties settled the Nevada Action with the driver's insurer for the $100,000 policy limit. After deducting a medical lien, attorney fees, costs, and expenses, $30,839.94 remained payable to Appellant and Children as the plaintiffs in the Nevada Action. The settlement agreement did not direct or determine how the remaining proceeds were to be divided among the plaintiffs, nor did it allocate the settlement as to the separate causes of action.

14 The Nevada attorney for plaintiffs advised his clients of a potential conflict of interest concerning the distribution of the settlement proceeds. Each plaintiff executed a stipulation providing that the proceeds from the settlement should be paid to Decedent's estate and be administered under the laws of intestate succession as adopted in Utah.

5 Appellant filed a Petition for Approval of Wrongful Death Settlement with the Utah trial court on April 30, 1999. The trial court granted the petition subject to publication and indicated that an order would follow if there were no objections after publication. Judge Dever signed and entered the Order Approving Wrongful Death Settlement on June 22, 1999. The Dever Order directed the proceeds of the settlement be paid to the Decedent's estate. The Dever Order also stated that the Nevada plaintiffs had stipulated and agreed that the settlement proceeds should be considered an asset of Decedent's estate to be distributed to Decedent's heirs according to the laws of intestate sue-cession of Utah.

T6 The case was then assigned to Judge David S. Young. Appellant subsequently filed a Petition for Family Allowance and Reimbursement of Paid Claims and Expenses and a Petition for Homestead and Exempt Personal Property Allowances. Children filed objections to the Petition for Homestead and Exempt Personal Property Allowances and the Petition for a Family Allowance. The objections did not request [4]*4that the stipulation or Dever Order be either overturned or modified.

T7 The trial court held a hearing on the petitions and requested that the parties file additional memoranda. - A hearing was scheduled on the petitions and objections for November 15, 1999. At this hearing, the trial court, sua sponte, directed that the settlement proceeds from the Nevada action be withdrawn from the estate and that an action in interpleader be filed by Appellant "to determine how the proceeds should be divided between the heirs." Neither party was afforded an opportunity to address the order. The trial court did not receive evidence or hear any argument relating to Appellant's petitions at that time, and did not issue a ruling on those petitions. The trial court entered the December Order holding that the remaining settlement proceeds were not the property of the estate, but that the estate was holding the proceeds for the benefit of the heirs.

T8 Appellant filed an Objection to the Proposed Order and a Motion for Reconsideration. Children filed a memorandum opposing the Motion for Reconsideration. Appellant also filed a motion under Rule 54(b) of the Rules of Civil Procedure to certify the December Order as a final appealable order. The trial court held a hearing on Appellant's Objection, Motion for Reconsideration, and Motion for Approval of Homestead and Exempt Personal Property Allowances.

19 The trial court subsequently entered the March Order, denying both Appellant's objections to the December Order and Appellant's Motion for Reconsideration. The March Order also denied Appellant's petition for a homestead allowance. The trial court ordered that a further evidentiary hearing would be required to determine any exempt personal property allowance or family allowance that would be awarded. The trial court also denied Appellant's request to certify the December and March Orders as final appeal-able orders, stating that the unresolved allowances should be determined prior to appeal.

10 Appellant filed a Petition for Permission to Appeal Interlocutory Order, in which Appellant sought to appeal the December Order. The supreme court granted the petition and then transferred the case to this court. Subsequently, Appellant filed a motion to amend her Petition for Permission to Appeal to include the March Order and this court granted that petition. Thus, both orders are properly before us on interlocutory appeal.

ISSUES AND STANDARDS OF REVIEW

1 11 Appellant argues the trial court erred by contravening the Dever Order because (1) the December Order violated the "law of the case doctrine," and (2) the December Order was unsupported by the evidence. Appellant also argues the trial court erred in entering the March Order. In this order the trial court determined that Appellant was not entitled to a homestead exemption and refused to rule on the exempt personal property and family allowances until the court could conduct an evidentiary hearing. However, for the reasons explained below we do not reach these issues.

112 The December Order contains both findings of fact and conclusions of law. This court will "uphold a lower court's findings of fact unless 'the evidence supporting them is so lacking that we must conclude the finding is "clearly erroncous." '" Desert Miriah, Inc. v. B & L Auto, Inc., 2000 UT 83, ¶ 9, 12 P.3d 580 (quoting Jeffs v. Stubbs, 970 P.2d 1234, 1244 (Utah 1998)). As to the legal conclusions of the trial court, "[wle review ... for correctness, granting no deference to the trial judge's legal determinations." Meadowbrook, LLC v. Flower, 959 P.2d 115, 116 (Utah 1998).

ANALYSIS

I. The December Order

A. Law of the case doctrine, findings of fact, and trial court procedure

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Cite This Page — Counsel Stack

Bluebook (online)
2001 UT App 164, 29 P.3d 2, 422 Utah Adv. Rep. 3, 2001 Utah App. LEXIS 39, 2001 WL 544047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waters-v-jorgenson-utah-2001.