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Green Tree v. Wisden

Utah Court of Appeals
Oct 10, 2002
2002 UT App. 334 (Utah Ct. App. 2002)

Opinion

Case No. 20010104-CA.

Filed October 10, 2002. (Not For Official Publication)

Appeal from the Fifth District, St. George Department, The Honorable Homer F. Wilkinson.

Joseph Michael Wisden, St. George, Appellant Pro Se.

Wayne H. Braunberger, Sandy, for Appellee.

Before Judges Billings, Davis, and Orme.


MEMORANDUM DECISION


Appellant Joseph Michael Wisden appeals from a contempt order. Because he inadequately briefed the issues on appeal, we affirm.

By disposing of this case on grounds of inadequate briefing, we do not intend to indicate any disapproval of the trial judge's handling of the contempt proceedings.

"It is well established that Utah appellate courts will not consider claims that are inadequately briefed." State v. Garner, 2002 UT App 234, ¶ 8, 52 P.3d 467. Appellant raises thirty issues in his brief, providing only cursory support and no analysis for any of them. Appellant "has essentially `dump[ed] the burden of argument and research' on this court." State v. Lucero, 2002 UT App 135, ¶ 12, 47 P.3d 107 (citation omitted); see also Rohan v. Boseman, 2002 UT App 109, ¶ 27, 46 P.3d 753. Because Appellant's "claims are `devoid of any "meaningful analysis,"'" we decline to address them. Garner, 2002 UT App 234 at ¶ 12 (citations omitted). Furthermore, regarding his challenges to the trial court's factual findings, Appellant does not cite to the record nor attempt to meet his marshaling burden. See id. at ¶¶ 9-10. We accordingly affirm.

This is not the first time Appellant has been told by this court that he "fail[ed] to provide any analysis or support for his assertion[s]," Wisden v. Dixie Coll. Parking Comm., 935 P.2d 550, 554 n. 2 (Utah Ct.App. 1997), or that his arguments were "not sufficiently coherent and understandable to allow us to review them." Salina City v. Wisden, 737 P.2d 981, 983 (Utah 1987) (per curiam).

Appellee was awarded attorney fees by the trial court and requests attorney fees on appeal. See Valcarce v. Fitzgerald, 961 P.2d 305, 319 (Utah 1998); cf. Bradshaw v. Kershaw, 627 P.2d 528, 533 (Utah 1981). We therefore award Appellee its reasonable attorney fees incurred on appeal and remand for the entry of a reasonable fee. See id.

WE CONCUR: James Z. Davis, Judge, and Gregory K. Orme, Judge.


Summaries of

Green Tree v. Wisden

Utah Court of Appeals
Oct 10, 2002
2002 UT App. 334 (Utah Ct. App. 2002)
Case details for

Green Tree v. Wisden

Case Details

Full title:Green Tree Financial Servicing Corporation, Plaintiff and Appellee, v…

Court:Utah Court of Appeals

Date published: Oct 10, 2002

Citations

2002 UT App. 334 (Utah Ct. App. 2002)