Torgerson v. Talbot
Torgerson v. Talbot
Opinion
¶1 Appellant Greg Torgerson filed a complaint for declaratory relief against Appellees, alleging that he had the right to lease certain real property (the Property) from the Estate of Bret Kouns (the Estate). The district court dismissed Torgerson's complaint as untimely under the 60-day statute of limitations in the Probate Code that applies to "claims" filed against an estate. Torgerson appeals, arguing that his complaint was not subject to that particular statute of limitations, and therefore not untimely. We agree with Torgerson that his complaint for declaratory relief was not untimely under the Probate Code, and we reject the Estate's alternative argument that the district court lacked jurisdiction to adjudicate Torgerson's complaint. Accordingly, we reverse the district court's order of dismissal.
¶2 A landowner, Bret Kouns (Decedent), died on June 10, 2015. 1 Soon thereafter, his sister was appointed personal representative of the Estate, and initiated probate proceedings (the probate action) in district court to manage and distribute his property. On October 7, 2015, Torgerson filed a "creditor's claim" with the Estate in which he maintained that he was party to a "written lease" between Decedent and himself that he claimed gave him the right to lease the Property *506 through 2017. The Estate determined that Torgerson's putative lease was not legitimate and denied Torgerson's claim on October 9, 2015.
¶3 On March 10, 2016, the Estate filed a petition in the probate action asking the court to authorize its representatives to lease the Property to someone other than Torgerson. The Estate served a copy of this petition on Torgerson by regular mail to his last known address. Torgerson did not respond to the Estate's petition. Instead, on March 24, 2016 he filed a separate "Complaint for Declaratory Relief" in a new action, seeking a judicial declaration that he had the right to lease the Property pursuant to his putative lease. Torgerson's new declaratory judgment action and the Estate's probate action were filed in the same court and were assigned to the same judge.
¶4 A few weeks later, noting that Torgerson had not yet responded to its petition in the probate action, the Estate filed a request to submit the petition for decision. Shortly thereafter, the Estate also filed a motion to dismiss Torgerson's separate declaratory judgment complaint. Later, after oral argument, the district court granted the Estate's probate petition, allowing the Estate to take possession of the Property and lease it to someone other than Torgerson. Subsequently, Torgerson moved for relief from the district court's order in the probate action. The court scheduled a hearing for July 11, 2016, at which time it would entertain oral argument on both Torgerson's motion for relief in the probate action and the Estate's motion to dismiss Torgerson's separate declaratory judgment action.
¶5 Following the July 11, 2016 oral argument, the district court issued a combined order containing its rulings in both cases. In that order, the district court declined to alter its previous decision to grant the Estate's petition in the probate action, and also granted the Estate's motion to dismiss Torgerson's declaratory judgment complaint. In dismissing Torgerson's separate complaint, the court relied entirely on a provision of the Utah Probate Code that states, in relevant part, that "if a claim [against a decedent's estate] is presented ... no proceeding thereon may be commenced more than 60 days after the personal representative [of the estate] has mailed a notice of disallowance...."
¶6 On appeal, Torgerson contends that the district court erred in determining that his complaint for declaratory relief was untimely. Specifically, Torgerson argues that his complaint for declaratory relief does not present a "claim," as that term is used in the Probate Code's 60-day statute of limitations, and therefore his complaint is not subject to that limitations period.
¶7 "The propriety of a trial court's decision to grant or deny a motion to dismiss under rule 12(b)(6) is a question of law that we review for correctness."
Cruz v. Middlekauff Lincoln-Mercury, Inc.
,
¶8 To establish that his complaint did not in fact present a "claim" as defined under the Probate Code, Torgerson relies upon
In re Estate of Sharp
,
¶9 We agree with the parties: Torgerson's demand to be allowed to lease the Property pursuant to a claimed lease was a demand for specific performance, and our supreme court has clearly held that demands for specific performance of contractual obligations are not "claims" within the meaning of Section 75-3-804(2).
See
¶10 In its brief on appeal, the Estate mounts a new argument, and invites us to affirm the district court's decision on this alternative ground.
3
The Estate asserts that the declaratory judgment action was nevertheless properly dismissed because "the [d]istrict [c]ourt in the probate proceedings had exclusive jurisdiction over the subject matter," and therefore the district court was "without jurisdiction" to entertain a separately-filed complaint. In support of this argument, the Estate relies on a separate section of the Probate Code that defines a probate court's power and states that a probate court "has jurisdiction over all subject matter relating to" estates of decedents.
See
¶11 We disagree with the Estate's position, primarily because the statute the Estate relies upon does not indicate that the probate court has
exclusive
jurisdiction over probate-related matters.
See
¶12 We therefore reverse the district court's order dismissing the separate complaint for declaratory relief. The district court had jurisdiction over the matter, and the complaint was not untimely under the Probate Code. We remand this matter to the district court for further proceedings consistent with this opinion. 4
Usually, the facts we rely upon in appellate opinions must be taken from the record developed in that particular case,
see
Alliant Techsystems, Inc. v. Salt Lake Bd. of Equalization
,
Torgerson also separately appealed the district court's decision to grant the Estate's petition in the probate action. Despite the fact that the two cases involve many of the same parties (or their privies) and the same facts, no party moved to consolidate the two appeals. On September 22, 2017, after the parties fully briefed Torgerson's appeal of the probate action, this court summarily affirmed the district court's decision to grant the Estate's petition to lease the Property to a third party. See Order of Summary Affirmance, In re Estate of Kouns , Utah Court of Appeals Case No. 20160758-CA.
We "may affirm the judgment appealed from if it is sustainable on any legal ground or theory apparent on the record."
Bailey v. Bayles
,
Torgerson stated in his brief that the claims in his declaratory judgment complaint "were identical to the claims [Torgerson] made against the Estate in the probate case," and that the court's decision to grant the petition in the probate action "effectively rendered [Torgerson's] Declaratory Judgment Act Complaint moot." However, despite this apparent admission, the Estate does not pursue a mootness argument here. See Utah R. App. P. 37(a) (setting forth the parties' "duty" on appeal to "inform the court" in the event that all or part of an appeal has been rendered moot). Accordingly, we are not asked to consider whether Torgerson's complaint for declaratory relief has been rendered moot by either the completion of the probate action or the apparent expiration of his putative lease. We are also not asked to address the potential applicability of res judicata or collateral estoppel, doctrines that may arguably apply here given this court's summary affirmance of the district court's order disposing of the petition in the probate case. Because the parties have not raised or briefed these issues, however, we leave determination of these and other issues to the district court, upon motion, after remand.
Reference
- Full Case Name
- Greg TORGERSON, Appellant, v. Josh TALBOT, Tex R. Olsen, and ESTATE OF Bret KOUNS, Appellees.
- Cited By
- 3 cases
- Status
- Published