Legal Opinion · Dissent

Lee v. Sanders

Court of Appeals of Utah

Decided September 6, 2002No. 20000945-CAPublished

1DissentDavis, Judge

{ 15 I believe the trial court did not err in determining the equity value of the property. Because the equity of the home was an issue from the beginning, the parties had adequate notice that it would be part of the litigation. See Berger v. Berger, 713 P.2d 695, 699 (Utah 1985) (holding that the trial court did not abuse its discretion where value was an issue at trial and the court's valuation was based upon evidence presented and a suggested valuation method). In fact, Sanders made an attempt to present documentary market valuation evidence, which the trial court, in response to Lee's…

2Cases cited2 opinions

  1. Argyle v. ArgyleUtah Supreme Court · 1984
  2. Berger v. BergerUtah Supreme Court · 1985

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