Zions Bancorporation v. Schwab
Zions Bancorporation v. Schwab, 2023 UT App 105 (Harris, J.)
The district court denied Zions’ motion to renew a judgment against Creditor a second time, concluding that the Renewal of Judgment Act does not allow for a second renewal. Zions appealed, and Creditor failed to file an appellate brief opposing Zions’ arguments. On appeal, the Utah Court of Appeals reversed and remanded, holding:
- The district court might have erred in concluding that the Act does not allow for a second renewal. Creditor did not respond, and Zions has made a prima facie showing of a plausible basis for reversal.
- Practice tip: When appellee fails to respond to an appellant’s arguments, the burden of persuasion is lowered, and the appellate court may rule in favor of appellant without creating appellate precedent.