Capozzoli v. Madden
Capozzoli v. Madden, 2024 UT App 176 (Tenney, J.)
Civil Procedure
Buyer purchased a house from Seller and later discovered water damage. Seller refused to pay, and Buyer sued. The district court granted Buyer’s motion to dismiss Seller’s counterclaims. Seller appealed. The Utah Court of Appeals affirmed in part and reversed in part, holding:
- The district court’s factual findings awarding Buyer damages were not clearly erroneous or prejudicial.
- The district court erred in dismissing Seller’s counterclaims.
- Because the attorney fees award encompassed Seller’s counterclaims, the award was vacated.