Smith v. DeNiro

CALLISTER, Chief Justice:

Plaintiff appeals from a judgment in a quiet title action, wherein the trial court amended the findings of fact and decree upon remand from this court in a prior appeal. 1

A review of the record reveals that plaintiff did not present to the trial court for its consideration the issues upon which he predicates error. Furthermore, in his proposed amendments to the findings and decree, plaintiff submitted the same provisions which he now challenges. Finally, in the first appeal before this court, wherein plaintiff was respondent, he did not cross-appeal, although the…