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Wilhelm v. Johnson

Utah Court of Appeals
Dec 12, 2002
2002 UT App. 418 (Utah Ct. App. 2002)

Opinion

Case No. 990500-CA.

Filed December 12, 2002. (Not For Official Publication)

Appeal from the Third District, Salt Lake Department, The Honorable Ronald E. Nehring.

Max Andrew Johnson Jr., Coral Springs, Florida, Appellant Pro Se.

Jerry Schollian, Tempe, Arizona, for Appellees.

Before Judges Jackson, Bench, and Orme.


MEMORANDUM DECISION


Appellant fails to provide any "citation to the record showing that the issue was preserved in the trial court; or . . . a statement of grounds for seeking review of an issue not preserved in the trial court." Utah R.App.P. 24(a)(5)(A), (B).

Further, the Utah Rules of Appellate Procedure require

that "[a]ll statements of fact and references to the proceedings below shall be supported by citations to the record." This court will assume the correctness of the judgment below if the appellant fails to make a "concise statement of the facts and citation of the pages in the record where those facts are supported." Moreover, this court will not "`consider any facts not properly cited to, or supported by, the record.'"

Phillips v. Hatfield, 904 P.2d 1108, 1109 (Utah Ct.App. 1995) (citations omitted). Appellant fails to provide any citations to the record to support his statements of fact. Thus, we "assume the correctness of the judgment below." Id.

Moreover, "[w]hen a party fails to offer any meaningful analysis regarding a claim, we decline to reach the merits. . . . Because [Appellant's] brief utterly fails to explain why any of the cases cited compel this court to reverse the district court, we decline to reach the merits of [Appellant's] claims." State v. Garner, 2002 UT App 234,¶ 12, 52 P.3d 467.

This court "`is not simply a depository in which the appealing party may dump the burden of argument and research.'" State v. Bishop, 753 P.2d 439, 450 (Utah 1988) (citation omitted).

Affirmed.

I CONCUR: Russell W. Bench, Judge.

I CONCUR IN THE RESULT: Gregory K. Orme, Judge.


Summaries of

Wilhelm v. Johnson

Utah Court of Appeals
Dec 12, 2002
2002 UT App. 418 (Utah Ct. App. 2002)
Case details for

Wilhelm v. Johnson

Case Details

Full title:Kiva Wilhelm, individually and as executor of the Estate of Brandon Sweat…

Court:Utah Court of Appeals

Date published: Dec 12, 2002

Citations

2002 UT App. 418 (Utah Ct. App. 2002)