Tripp v. Zen Zone Homes LLC

Summary

The Utah Court of Appeals affirmed summary judgment and an attorney-fee award in favor of Zachary Tripp against Zen Zone Homes LLC. The court held that Zen Zone failed to preserve its challenges concerning the timeliness of the summary-judgment motion and expert disclosures, its due-process arguments regarding corporate representation, and the timing of the attorney-fee award. The court awarded Tripp reasonable attorney fees incurred on appeal and remanded for determination of the amount.

Holdings

1. Zen Zone did not preserve its arguments that Tripp's summary judgment motion and expert disclosures were untimely because it did not specifically raise those issues in the district court or support them with relevant legal authority and evidence.
2. Zen Zone did not preserve its due-process challenge to the summary judgment ruling because it did not raise the issue in the district court or seek appropriate post-judgment relief after retaining counsel.
3. Zen Zone did not preserve its challenge to the attorney-fee award because it did not object in the district court or seek post-judgment relief, and it did not adequately invoke an exception to preservation on appeal.
4. Tripp was entitled to attorney fees reasonably incurred on appeal under the governing contract, and the case was remanded for the district court to determine the amount.

Questions Presented

1. Whether Zen Zone preserved its challenges to the timeliness of Tripp's summary judgment motion and expert disclosures.
2. Whether Zen Zone preserved its due-process challenge to the district court's grant of summary judgment while Zen Zone was unrepresented by counsel.
3. Whether Zen Zone preserved its challenge to the district court's attorney-fee award entered before expiration of the response period.
4. Whether Tripp was entitled to attorney fees reasonably incurred on appeal and a remand to determine their amount.

Disposition

affirmed