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R.T. v. LEHI CITY

Utah Court of Appeals
Sep 20, 2007
2007 UT App. 308 (Utah Ct. App. 2007)

Opinion

Case No. 20070189-CA.

Filed September 20, 2007. NOT FOR OFFICIAL PUBLICATION.

Appeal from the Fourth District, Provo Department, 050403514, The Honorable James R. Taylor.

E. Craig Smay, Salt Lake City, for Appellant.

Jody K. Burnett, Salt Lake City, for Appellee.

Before Judges Bench, Greenwood, and McHugh.


MEMORANDUM DECISION


Appellant appeals the district court judgment. We affirm on the basis that Appellant's claims are inadequately briefed.

"It is well established that a reviewing court will not address arguments that are not adequately briefed." State v. Thomas, 961 P.2d 299, 304 (Utah 1998); see also Valcarce v. Fitzgerald, 961 P.2d 305, 313 (Utah 1998) (declining to address appellant's claim on appeal due to inadequate analysis).

Utah Rule of Appellate Procedure 24(a)(9) states that the argument in the appellant's brief "shall contain the contentions and reasons of the appellant with respect to the issues presented, including the grounds for reviewing any issue not preserved in the trial court, with citations to the authorities, statutes, and parts of the record relied on." Utah R. App. P. 24(a)(9). Compliance with this rule "is mandatory, and failure to conform to these requirements may carry serious consequences. For example, `briefs which are not in compliance may be disregarded or stricken, on motion or sua sponte by the court.'" Beehive Tel. Co. v. Public Serv. Comm'n, 2004 UT 18, ¶ 12, 89 P.3d 131 (quoting Utah R. App. P. 24(j)).

Appellant's brief fails to comply with rule 24(a)(9). Appellant alleges that the district court erred in some manner when it dismissed Appellant's claims pursuant to an order granting summary judgment. However, there is little or no explanation as to how or why the district court erred. Appellant sets forth bare assertions such as "genuine issues of material fact remain," but fails to describe what issues it refers to, or why such issues require reversal of the district court's decision to grant summary judgment.

"`To permit meaningful appellate review, briefs must comply with the briefing requirements sufficiently to enable us to understand . . . what particular errors were allegedly made, where in the record those errors can be found, and why, under applicable authorities, those errors are material ones necessitating reversal or other relief.'" State v. Lucero, 2002 UT App 135, ¶ 13, 47 P.3d 107 (alteration in original) (quoting Burns v. Summerhays, 927 P.2d 197, 199 (Utah Ct.App. 1996)). When a party does not offer any meaningful analysis regarding a claim, we decline to reach the merits. See Thomas, 961 P.2d at 305.

Because Appellant's brief fails to explain why this court should reverse the district court decision, we decline to reach the merits of Appellant's claims.

Affirmed.

WE CONCUR: Russell W. Bench, Presiding Judge, Carolyn B. McHugh, Judge.

I DISSENT: Pamela T. Greenwood, Associate Presiding Judge.


Summaries of

R.T. v. LEHI CITY

Utah Court of Appeals
Sep 20, 2007
2007 UT App. 308 (Utah Ct. App. 2007)
Case details for

R.T. v. LEHI CITY

Case Details

Full title:R.T. R.H., LLC, Plaintiff and Appellant, v. Lehi City, Defendant and…

Court:Utah Court of Appeals

Date published: Sep 20, 2007

Citations

2007 UT App. 308 (Utah Ct. App. 2007)

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