The Appellate Group

Viertel v. Body Firm Aerobics

Viertel v. Body Firm Aerobics, 2022 UT App 96 (Orme, J.)

Civil Procedure

Viertel believed he was a significant shareholder in Body Firm Aerobics (BFA). But when VASA Target LLC purchased BFA, he was left out. He sued VASA, BFA, and others (Appellees), seeking a number of causes of action against, including a declaratory judgment that he owned a 30% interest in BFA. The district court granted summary judgment to Appellees for a number of reasons. Viertel appealed. The Utah Court of Appeals affirmed, holding:

  • Viertel has not challenged each independent basis for the district court’s ruling regarding his first, second, fourth, and fifth claims against Appellees. And because Viertel cannot, therefore, show that he was an owner, no genuine dispute of material fact exited with respect to his fraud claim.

Read the full court opinion