Legal Opinion

Orvis v. Johnson

Utah Supreme Court

Decided January 15, 2008No. 20061094PublishedCited by 235 opinions

1Opinion of the Court

WILKINS, Associate Chief Justice:

¶ 1 We granted certiorari on two questions: (1) whether the court of appeals correctly construed and applied the respective procedural burdens borne by opposing parties on summary judgment, and (2) whether the court of appeals correctly applied the summary judgment standard in this case. We conclude that the court of appeals misconstrued the initial procedural burden required on summary judgment. Because Jayson Orvis did not meet this initial burden, we also conclude that the court of appeals erred in affirming the trial court’s grant of summary judgment.

BACKGR…

2Cases cited15 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Higgins v. Salt Lake CountyUtah Supreme Court · 1993
  3. Harline v. BarkerUtah Supreme Court · 1996
  4. Waddoups v. Amalgamated Sugar Co.Utah Supreme Court · 2002
  5. K & T, INC. v. KoroulisUtah Supreme Court · 1994

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3Cited by235 opinions

  1. Mind & Motion Utah Investments, LLC v. Celtic Bank Corp.Utah Supreme Court · 2016
  2. Jensen Ex Rel. Jensen v. CunninghamUtah Supreme Court · 2011
  3. Jones & Trevor Marketing, Inc. v. LowryUtah Supreme Court · 2012
  4. Brown v. Division of Water Rights of the Department of Natural ResourcesUtah Supreme Court · 2010
  5. Salo v. TylerUtah Supreme Court · 2018

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