Abu-Ulba v. Ananda Scientific Inc., 2026 UT 24 (Durrant, C.J.)
Appellate Rules
The Utah Supreme Court held:
The court of appeals correctly ruled that damages theory was unpreserved, despite the district court considering and rejecting the theory, where review did not satisfy underlying preservation principles.
Practice tip:
While there is no categorical rule that every time a district court considers an issue sua sponte that issue is preserved for appellate review, when the district court decides to take up an issue and that review satisfies the underlying preservation principles of judicial economy and fairness, then that issue may be preserved.
