The Appellate Group

Zions Bancorporation v. Schwab

Zions Bancorporation v. Schwab, 2023 UT App 105 (Harris, J.)

Civil Procedure

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.

Read the full court opinion