Legal Opinion · Concurring in part, dissenting in part

Yuanzong Fu v. Rhodes

Court of Appeals of Utah

Decided May 16, 2013No. 20110081-CAPublished

1Concurring in part, dissenting in partMcHUGH, Judge

{22 I concur with part I of the majority's decision, but I respectfully dissent from part II regarding whether a party may challenge the sufficiency of the complaint to support a default judgment for the first time on appeal. Accordingly, I would consider whether Fu's Complaint states a claim upon which relief can be granted against each of the Defendants. Upon review of the Complaint, I would conclude that it does so as to Rhodes but fails to state a claim against Naso and Evans. As a result, I would affirm the default judgment against Rhodes but reverse as to Naso and Evans.

I. Preservation

12…

2Cases cited35 opinions

  1. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  2. Curtis B. Danning, as Trustee in Bankruptcy of Fenton, Lavine & Co., a Partnership v. Beau Berlinski LavineCourt of Appeals for the Ninth Circuit · 1978
  3. Eagle Hospital Physicians, LLC v. SRG Consulting, Inc.Court of Appeals for the Eleventh Circuit · 2009
  4. American Towers Owners Ass'n v. CCI Mechanical, Inc.Utah Supreme Court · 1996
  5. Oakwood Village LLC v. Albertsons, Inc.Utah Supreme Court · 2004

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