Duffin v. Duffin
Duffin v. Duffin, 2024 UT App 154 (Luthy, J.)
Family Law
During Wife’s divorce from Husband, Wife filed civil conspiracy claims against Husband and Father-in-law after Father-in-law sought ownership of the marital home. The district court granted summary judgment against Husband for his failure to provide initial disclosures and ordered a trial on damages. Husband moved to set aside the judgment, and Father-in-law moved to bifurcate the trials. The district court denied both motions, and a jury awarded wife damages. All parties appealed. The Utah Court of Appeals reversed, holding:
- The district court erred when it granted summary judgment against Husband as a form of discovery sanctions.
- The district court abused its discretion when it denied Father-in-law’s motion to bifurcate because the jury would apply Husband’s liability to Father-in-law and Father-in-law would thus be deprived of a fair trial
- Wife’s appeal of damages is moot in light of reversal.
- Practice tip: Failure to comply with disclosure requirements warrants rule 37 sanctions, not adverse summary judgment.