North Fork Meadows v. Dove
North Fork Meadows v. Dove, 2023 UT App 107 (Tenney, J.)
Civil Procedure
The district court denied Homeowners’ request for attorney fees after the district court dissolved a temporary restraining order (TRO) obtained against Homeowners. The Utah Court of Appeals affirmed but remanded, holding:
- Attorney fees are not available to Homeowners under rule 65A, because the TRO—although later dissolved—was not “wrongful” when issued.
- On remand, the district court should make a “prevailing party” determination to decide whether Homeowners are entitled to attorney fees under the association’s prevailing party clause.
- Practice tip: The district court dissolved the TRO because the Owners Association ignored other non-conforming construction and “abandoned” its right to enforce the CC&Rs, a conclusion that was not appealed.
