Liender v. Harris
Liender v. Harris, 2025 UT App 2 (per curiam)
Civil Procedure
The Utah Court of Appeals held:
- The district court appropriately dismissed Plaintiff’s claim because the claim should have been brought in a previous action.
- The district court appropriately determined that Plaintiff is a vexatious litigant because clear and convincing evidence supported that Plaintiff had twice attempted to relitigate his claims.
- The district court acted within its discretion in requiring Plaintiff to obtain counsel before filing any future claims for relief.
- Practice tip: “On the merits” for res judicata purposes does not mean that a court must have reached a substantive determination about the validity of the underlying claims.