Legal Opinion · Concurring in part, dissenting in part

POHL, INC. OF AMERICA v. Webelhuth

Court of Appeals of Utah

Decided June 28, 2007No. 20060409-CAPublished

1Concurring in part, dissenting in partOrme, Judge

19 With one exception,1 I concur in Part I of the main opinion, but I must dissent from Part II. It is simply not proper to reach the constitutional issue in this case because we have concluded that our long-arm statute does not confer jurisdiction over Plaintiffs claims.

{20 Under our jurisprudence, if a case may be resolved on statutory grounds, we are obliged to resist the temptation to render unnecessary advisory opinions about constitutional issues, even if they interest us. *1278See, e.g., In re Estate of Cosby, 2003 UT 3, ¶ 11, 65 P.3d 1184 (stating that due to the court's disposition of two…

2Cases cited14 opinions

  1. Hoyle v. MonsonUtah Supreme Court · 1980
  2. Arguello v. Industrial Woodworking MacHine Co.Utah Supreme Court · 1992
  3. Heathman v. GilesUtah Supreme Court · 1962
  4. Fenn v. Mleads Enterprises, Inc.Utah Supreme Court · 2006
  5. Starways, Inc. v. CurryUtah Supreme Court · 1999

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