Miner v. Miner
Miner v. Miner, 2025 UT App 64 (Harris, J.)
Family Law
The Utah Court of Appeals held:
- The district court did not err in denying Husband’s motion to set aside the modified decree.
- The district court did not make the findings necessary to support its award of attorney fees to Wife.
- Practice tip: The duty analysis in the fraudulent nondisclosure context is much different than the duty analysis The Utah Supreme Court has articulated in negligence cases.
- Practice tip: Though in most contexts, litigants seeking relief under rule 60(b) of the Utah Rules of Civil Procedure must show that they have a “meritorious defense” in the underlying case, Utah caselaw does not indicate whether litigants must allege a meritorious defense when their motion is grounded in rule 60(b)(3).