The Appellate Group

Boyer v. Rubin

Boyer v. Rubin, 2026 UT App 160 (Christiansen Forster, J.)

CIVIL LAW

The Utah Court of Appeals held:

(1) The district court exceeded its discretion by denying Plaintiffs’ motion to amend the pleadings and should have allowed the requested amendment.  
(2) As a matter of law, Plaintiffs’ amended claim would have been successful and required title to the disputed property to be quieted to them.

Practice tip:

When evidence is presented at trial without objection, a party may implicitly consent to try the case on that issue. The ultimate test is whether the opposing party had a fair opportunity to defend and whether it could offer additional evidence if the case were retried on a different theory.

Read the full court opinion