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, the Iowa Supreme Court, the Iowa Court of Appeals, the Minnesota Court of Appeals, the Arizona Supreme Court, at the Arizona Court of Appeals, the Wyoming Supreme Court, 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
LeFevre v. Mackelprang (2019)
Utah Court of Appeals reversing district court decision regarding petition to modify parent time.
In the Interest of C.C.W. (2019)
Utah Court of Appeals reverses juvenile court decision in a private termination of parental rights case because the juvenile court improperly considered the impact of father-on-mother domestic violence.
Evans v. Utah Department of Transportation (2018)
Utah Court of Appeals reverses the district court’s refusal to allow a billboard near an interchange under the Utah Outdoor Advertising Act.
Hosking v. Chambers (2018)
Utah Court of Appeals affirms divorce decision regarding cohabitation.
Gregory & Swapp, PLLC v. Jodi Kranendonk (2018)
Utah Supreme Court vacating a jury award of $2.75 million in noneconomic damages and an award of $1.7 million in attorney fees in a legal malpractice case.
Mounteer Enterprises, Inc. v. HOA for the Colony at White Pine Canyon (2018)
Utah Supreme Court vacates jury award of $578,000 and attorney fee award of $326,000 by enforcing an anti-waiver provision in a contract, and awarding appellant attorney fees on remand.
Jillian Scott v. Bradley Scott (2017)
Utah Supreme Court reverses a finding of cohabitation that had vacated a $6,000 per month alimony award and had resulted in a judgment of more than $200,000.
LeGrand Johnson Construction Company v. Celtic Bank Corporation, et al. (2018)
Utah Supreme Court vacating various awards of prejudgment interest and attorney fees totaling more than $400,000 under the mechanic’s lien statute.
Stichting Mayflower Mountain Fonds v. United Park City Mines (2017)
Utah Supreme Court affirmed the entry of summary judgment on a claim that a public road had been established in the Nineteenth Century.
Butt v. State (2017)
Utah Supreme Court vacates conviction for dealing materials harmful to minors because the material was protected by the First Amendment.
In re Abraham Bates (2017)
Utah Supreme Court affirms lesser attorney sanction imposed by trial court because Office of Professional Conduct failed to meet burden of proof required to impose higher sanction.
Smith v. Smith (2017)
Utah Court of Appeals affirming decision regarding terms of family trust.
Benda v. Catholic Diocese of Salt Lake City (2016)
Utah Supreme Court reverses dismissal of parents’ lawsuit and adopts a cause of action for loss of filial consortium.
USA Power v. Pacificorp (2016)
Utah Supreme Court affirmed a judgment notwithstanding the verdict on the ground that there was no evidence that the acts of an attorney caused any harm to the former client.
Meinhard v. State (2016)
Utah Supreme Court reverses denial of post-conviction DNA testing of crime scene evidence.
Gordon v. State (2016)
Utah Supreme Court reverses denial of post-conviction DNA testing of crime scene evidence.
Simmons Media Group v. Waykar (2014)
Utah Court of Appeals affirms judgment declaring breach of a option agreement in an outdoor advertising lease and awarding lost profits damages.
Helf v. Chevron (2015)
Utah Supreme Court reverses summary judgment dismissing employee’s tort claim against Chevron based upon an industrial accident and interpreting Utah’s Worker’s Compensation Act.
State v. Clopten (2009)
Utah Supreme Court vacates murder conviction on the ground that the trial court should have allowed expert testimony on the reliability of eyewitness identifications.
Egbert v. Nissan Motor Co. (2010)
Utah Supreme Court clarifies that the jury must apportion fault in crashworthiness cases and rejects constitutional challenge to comparative fault statute.
State v. Charles (2011)
Utah Court of Appeals vacates murder conviction based upon trial counsel’s ineffective assistance.
Robinson v. Taylor (2015)
Utah Supreme Court vacates medical malpractice verdict because evidence of prior criminal convention was inadmissible under rules 608 and 609.
Sawyer v. Department of Workforce Services (2015)
Utah Supreme Court reversing administrative decision regarding teacher’s employment benefits.
Butler v. Corporation of President of Church of Jesus Christ of Latter-Day Saints (2014)
Utah Supreme Court confirms that an interlocutory order must be final before it is eligible to be certified as a final judgment under rule 54(b).
Carlos v. Department of Workforce Services (2013)
Utah Court of Appeals reversing administrative determination and concluding that bail bond agents were “insurance agents” within the meaning of the Utah Insurance Code.
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