628 Park Avenue LLC v. Miller, 2026 UT App 113 (Luthy, J.)

Civil

The Utah Court of Appeals held:

(1) The district court erred by concluding as a matter of law that tenant surrendered premises and that landlord accepted that surrender
(2) The district court erred by concluding as a matter of law that guarantor was obligated to pay treble damages
(3) The district court exceeded its discretion by barring landlord from presenting evidence of specific components of claimed damages

Practice tip:

To the extent a party adequately discloses a component of its damages claim, it may present evidence of that component, even if the remainder of its damages disclosure fails to comply with rule 26 of the Utah Rules of Civil Procedure.

Practice tip:

A formula rather than a specific sum may be sufficient to meet a party’s disclosure obligation if the claimed damages are readily calculable using the identified formula and the other information disclosed.

Read the full court opinion

by The Appellate Group

2026, Civil, Court of Appeals, Q3

The Appellate Group