The Appellate Group

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.

Read the full court opinion