Win-Win Investments LLC v. Dutson & Dutson
Win-Win Investments LLC v. Dutson & Dutson, 2021 UT App 18 (Hagen, J.)
Win-Win Investments filed suit against the Dutsons for improper termination of a lease, with the Dutsons counterclaiming that Win-Win breached the agreement by failing to maintain the premises. The district court dismissed Win-Win’s claim. Win-Win then sought to defend against the counterclaim by contending it had assigned the lease to a third part, but the district court ruled the assignment defense had not been properly pleaded and denied a request to amend their pleadings. Win-Win appealed. The Court of Appeals affirmed:
- Win-Win’s pleadings were “not enough to give notice” of its defense theory that it had assigned the lease to a third party, and the district court did not abuse its discretion in declining to permit Win-Win to amend its pleadings or in ruling that the issue had not been tried by implied consent.