The Appellate Group

Fuja v. Adams

Fuja v. Adams, 2021 UT App 55 (Harris, J.)

Civil Procedure; Preliminary Injunctions

The Fujas obtained a preliminary injunction preventing the Adamses from proceeding with construction on a neighboring lot. The Adamses argued that the injunction had been incorrectly issued, but they did not seek monetary damages, nor did they file a counterclaim for damages or present evidence of damages at trial. Nonetheless, after the district court concluded that the injunction had been improvidently granted, the Adamses filed a declaration seeking $45,000 in damages. The district court ruled that their claim for monetary damages was untimely. The Utah Court of Appeals reversed, holding:

  • In light of the text of rule 65A(c) of the Utah Rules of Civil Procedure and prior case law, a claim for wrongful injunction damages may be stated, for the first time, after a court has declared the injunction wrongful. Such a claim is not untimely solely because it was not articulated sooner. 

Read the full court opinion