Martin v. Kristensen

Summary

The Utah Supreme Court affirmed a judgment awarding Frank Kristensen treble damages, attorney fees, and costs against Yvonne Martin for unlawful detainer. The court held that temporary possession orders entered in the divorce proceeding protected Martin from eviction during the litigation but did not preclude statutory unlawful-detainer remedies upon a final judgment. The court also concluded that Martin's prolonged possession after expiration of a five-day notice supported the damages award under Utah's unlawful-detainer statute.

Holdings

1. Temporary possession orders entered in a divorce proceeding function like temporary possession orders in an unlawful-detainer proceeding: they protect the tenant from eviction during the litigation but do not foreclose the landlord's statutory remedies if the landlord ultimately obtains a final judgment for unlawful detainer.
2. When a tenant is found to have committed unlawful detainer, Utah Code section 78B-6-811 mandates an award of three times the assessed damages and reasonable attorney fees; a prior temporary possession order does not eliminate or suspend those remedies.
3. The court may not override or reduce the statutorily mandated treble damages on public-policy or equitable grounds.

Questions Presented

1. Whether temporary possession orders entered in a divorce proceeding made Martin's continued possession lawful in a manner that foreclosed Frank's statutory remedies for unlawful detainer.
2. Whether temporary possession orders precluded the accrual or award of treble damages and other statutory remedies for unlawful detainer.
3. Whether equitable or public-policy considerations authorized the court to withhold or reduce the statutorily mandated treble damages.

Disposition

affirmed