Whittingham, LLC v. TNE Limited Partnership
Whittingham, LLC v. TNE Limited Partnership, 2024 UT 23 (Pohlman, J.)
Preservation/Contracts
Plaintiffs sued TNE to void a loan transaction. After a bench trial, the Utah Supreme Court concluded the transaction was voidable and remanded the case. The district court concluded Plaintiffs could void the transaction but denied their attorney fee request. The Utah Supreme Court affirmed, holding in part:
- TNE’s claims were unpreserved because it did not identify the applicable causation standard, raise ratification as a defense, or identify the availability or a particular remedy in the proceedings below.
- The district court properly denied Plaintiffs’ attorney fee request because the plain language of the relevant documents does not allow fees.
- Practice tip: A single “stray reference” or citation in the introduction of a brief is insufficient to alert the district court to an issue.
