Experience
The rules are different in appellate courts, and a panel of appellate judges is a unique audience. Zimmerman Booher is a unique law firm that focuses on appeals because we understand those rules and work with them to produce the best possible result for our clients. Our attorneys have the specific skills and experience necessary to maximize your chances of success in the appellate court.
Based in Salt Lake City, our attorneys have briefed, argued, or authored opinions in over 2,000 appeals. Our emphasis is in the Utah Supreme Court and the Utah Court of Appeals, but our attorneys have handled appeals in courts across the country, including the United States Supreme Court, the United States Courts of Appeals for the Second, Fourth, Ninth, and Tenth Circuits, the California Supreme Court, the California Court of Appeals, and the Nevada Supreme Court.
Below are just a few examples of oral arguments and briefs that demonstrate our work. Please contact us for additional examples and/or to discuss your case.
Representative Cases
Ellis v. La Val Enterprises, Ltd. (2022)
Utah Court of Appeals reverses the entry of summary judgment in a dispute over the ownership of real property.
State v. Salazar (2022)
Utah Court of Appeals reverses a criminal conviction based on ineffective assistance of trial counsel.
Boynton v. Kennecott (2021)
Utah Supreme Court reverses the entry of summary judgment on asbestos claims based on take-home exposure.
HP Investments v. iLux Capital Management (2021)
Utah Court of Appeals reverses an award after a bench trial based on the failure to deliver stock.
Croft v. Morgan County (2021)
Utah Supreme Court reverses the dismissal of a petition to place a referendum on the ballot.
Truman v. Orem City (2021)
United States 10th Circuit Court of Appeals reverses the dismissal of a 1983 claim based on prosecutorial misconduct.
Shree Ganesh v. Weston Logan (2021)
Utah Supreme Court reverses the entry of summary judgment in a dispute over the purchase of a hotel.
Cook Martin Poulson v. Smith (2021)
Utah Court of Appeals reverses a contempt ruling based in part on plain error.
Southern Utah Wilderness v. San Juan County (2021)
Utah Supreme Court reverses the dismissal of a claim under the Utah’s Open and Public Meetings Act.
Brown v. Brown (2020)
Utah Court of Appeals reverses and clarifies law regarding separate premarital property.
In re Gray and Rice (2021)
Utah Supreme Court reverses district court order refusing to allow sex designation changes under Utah law.
Bright v. Sorensen (2020)
Utah Supreme Court adopts the rule that a response to an affirmative defense need not be included in a complaint, requiring most affirmative defenses to be raised in motions for summary judgment.
Cook Martin Poulson PC v. Smith (2020)
Utah Court of Appeals reverses an order holding a party in contempt under plain error review because the order violated did not forbid the party’s conduct.
In re Foreclosure 1107 Snowberry (2020)
Utah Court of Appeals clarifies that deeds need not be reformed when, read as a whole, the documents identify the grantee even where some references are incorrect.
McDonald v. Fidelity (2020)
Utah Supreme Court clarifies that for a union trust to recover under a construction bond the benefits it seeks must go to the employees, not the union itself.
UDOT v. Target (2020)
On certiorari, Utah Supreme Court clarifies that a land owner may recover severance damages caused by any aspect of a construction project as long as government takes part of the owner’s land for the project.
Mackley v. Openshaw (2019)
Utah Supreme Court vacates order permitting alleged father to rescind denial of paternity.
Olguin v. Anderton (2019)
Utah Supreme Court affirms order denying mother's motion to dismiss alleged father's paternity petition.
Castro v. Lemus (2019)
Utah Supreme Court reverses order dismissing alleged biological father's petition to establish paternity.
Wolf Mountain Resorts, LC v. ASC Utah, Inc. (2011)
Utah Court of Appeals reverses summary judgment on the ground that mistakes as to the legal effect of words used in a contract or deed can require reformation.
Colosimo v. Gateway Community Church (2016)
The Utah Supreme Court affirms a summary judgment on the ground that a landowner does not owe a duty to protect a trespasser under the attractive nuisance doctrine.
Amundsen v. University of Utah (2019)
Utah Supreme Court affirms the dismissal of medical malpractice claims on the ground that they were untimely.
WDIS, LLC v. Hi-Country Estates Homeowners Association (2019)
Utah Supreme Court reverses the dismissal of a quiet title claim on the ground that it was a true quiet title action that was not subject to the statute of limitation.
Matthew Thomas v. Lyle Hillyard and Hillyard, Anderson & Olsen, P.C. (2019)
Utah Supreme Court reversing the dismissal of a legal malpractice claim and clarifying that the statute of limitation begins after all appeals have been exhausted in the underlying case.
Yolanda Vega v. Jordan Valley Medical Center, LP (2019)
Utah Supreme Court declaring unconstitutional the affidavit of merit requirement for medical malpractice cases.
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