Legal Opinion

Gardiner v. York

Court of Appeals of Utah

Decided December 14, 2006No. 20051162-CAPublishedCited by 7 opinions

1Opinion of the Court

OPINION

MeHUGH, Judge:

1 Richard Gardiner appeals from the trial court's order denying his motion for attorney fees. In this case, we examine whether attorney fees incurred in pursuing a fraudulent transfer action are recoverable as consequential damages stemming from a prior breach of contract. Because we hold that the trial court failed to engage in the appropriate analysis of this issue, we remand for further proceedings consistent with this opinion. j

BACKGROUND

¶ 2 Gardiner obtained a judgment of $7182, plus interest and costs, against Interport, Ine. (Interport) for breach of contract. The…

2Cases cited14 opinions

  1. Beck v. Farmers Insurance ExchangeUtah Supreme Court · 1985
  2. Valcarce v. FitzgeraldUtah Supreme Court · 1998
  3. Armed Forces Insurance Exchange v. HarrisonUtah Supreme Court · 2003
  4. Canyon Country Store v. BraceyUtah Supreme Court · 1989
  5. Mahmood v. RossUtah Supreme Court · 1999

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3Cited by7 opinions

  1. Gallegos v. LloydCourt of Appeals of Utah · 2008
  2. Gardiner v. YorkCourt of Appeals of Utah · 2010
  3. B. Investment LC v. AndersonCourt of Appeals of Utah · 2012
  4. McQueen v. Jordan Pines Townhomes Owners Ass'nCourt of Appeals of Utah · 2013
  5. Chillz Vending, LLC v. Greenwood Motor Lines, Inc.District Court, D. Utah · 2024

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