Powell v. Bastian

For the following reasons, I dissent.

Plaintiff initiated this action, seeking equitable and legal relief for the damages she sustained in a transaction involving the sale of her home. From judgment of the trial court, denying her relief except for certain adjustments hereinafter noted, she appeals.

The equitable jurisdiction of this court being invoked, it is both the duty and prerogative of this court, pursuant to Article VIII, Section 9, Constitution of Utah, to review the law and the facts, make its own findings and substitute its judgment for that of the court below,1 if it deems such…