Richards v. Brown

Summary

The Utah Supreme Court held that accepting payment on an unjust-enrichment judgment did not waive the appellant's right to appeal a separate and independent claim seeking establishment of an unsolemnized marriage. The court also held that cessation of cohabitation does not necessarily terminate an unsolemnized marital relationship under Utah Code section 30-1-4.5, and remanded for further proceedings concerning when the relationship ended.

Holdings

1. An appellant does not waive the right to appeal a claim by accepting payment on a judgment resolving a separate and independent cause of action. Richards's acceptance of payment on the unjust-enrichment judgment therefore did not waive his appeal of the unsolemnized-marriage claim.
2. Cessation of cohabitation does not necessarily terminate an unsolemnized marital relationship under Utah Code section 30-1-4.5. The relationship terminates when one of the terminable statutory elements expressed in the present tense ceases to exist; because disputed material facts remained regarding the termination date, summary judgment was improper.

Questions Presented

1. Whether Richards waived his right to appeal his unsolemnized-marriage claim by accepting payment on a judgment resolving his separate unjust-enrichment claim.
2. Whether cessation of cohabitation necessarily terminates an unsolemnized marital relationship under Utah Code section 30-1-4.5 and thereby triggers the statute of repose.

Disposition

affirmed