The Appellate Group

Van Leeuwen v. Bana Resi-Non-Core

Van Leeuwen v. Bana Resi-Non-Core, 2023 UT App 91 (Oliver, J.)

Civil Procedure

Plaintiff sued “BANA RESI-NON-CORE,” which is an internal asset designation owned and held by a bank. The bank filed an appearance and moved for summary judgment. Plaintiff moved to strike the motion, but the district court denied the motion and granted summary judgment to the bank. The Utah Court of Appeals reversed, holding: 

  • The district court abused its discretion in granting summary judgment to the bank, because the bank was not a party to the litigation as it did not intervene under rule 24 of the Utah Rules of Civil Procedure.
  • Practice Tip: Only the plaintiff can file a motion to amend the complaint under rule 15, so the bank cannot rely on a rule 15 amendment.
  • Judicial Tip: Courts cannot grant relief to non-parties in litigation. 

Read the full court opinion