Jenco v. SJI
Jenco v. SJI, 2023 UT App 151 (Harris, J.)
Two business both asserted that they held the rightful ownership of an Option to purchase certain property. Appellee contended that a 2010 assignment gave it the right to buy the property. Appellant asserted that Appellee’s right was based on fraudulent transfer and that Appellant had purchased the Option in a 2017 executive sale. The district court ruled that the 2010 sale was not fraudulent and Appellee’s 2010 assignment stood. The Utah Court of Appeals reversed the ruling, holding:
- The district court committed several legal errors and made one clearly erroneous factual finding when it ruled that the 2010 assignment was free from the actual intent to hinder, delay, or defraud creditors (among which was the Appellant).