Legal Opinion · Dissent

Irving Place Associates v. 628 Park Ave, LLC

Court of Appeals of Utah

Decided August 15, 2013No. 20120031-CAPublished

1DissentThorne, Judge

T19 I agree with the majority opinion's conclusion that a judgment lien may be created by a nonfinal judgment pursuant to Utah Code sections 78B-5-201 and 78B-5-202. However, I disagree with the majority opinion as to its conclusion that a judgment recorded without an included copy of a separate information statement need only identify a judgment debtor by name in order to create a judgment lien against real property. To the contrary, section 78B-5-201(4) enumerates the specific pieces of information that must be included on either the judgment itself or an included or later-recorded separate…

2Cases cited5 opinions

  1. State v. JeffriesUtah Supreme Court · 2009
  2. LKL Associates, Inc. v. FarleyUtah Supreme Court · 2004
  3. Archuleta v. St. Mark's HospitalUtah Supreme Court · 2010
  4. Paar v. StubbsCourt of Appeals of Utah · 2005
  5. Kitches & Zorn, L.L.C. v. Yong Woo KimCourt of Appeals of Utah · 2005

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