Smith v. DeNiro
Cases that cite this one
5 later published cases cite this decision.
- MacKay v. Hardy (Utah 1998)
- Bodell Construction Co. v. Robbins (Utah 2009)
- Edgell v. Canning (Utah 1999)
- DeBry v. Cascade Enterprises (Utah 1997)
- State Ex Rel. Road Commission v. Rohan (Utah 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Plaintiff appeals from a judgment in a quiet title action, wherein the trial court amended the findings of fact and decree upon remand from this court in a prior appeal. 1
A review of the record reveals that plaintiff did not present to the trial court for its consideration the issues upon which he predicates error. Furthermore, in his proposed amendments to the findings and decree, plaintiff submitted the same provisions which he now challenges. Finally, in the first appeal before this court, wherein plaintiff was respondent, he did not cross-appeal, although the original decree contained one of the same provisions and had the same legal effect, which he currently claims is erroneous.
In Simpson v. General Motors Corporation 2 this court stated:
. . . Orderly procedure, whose proper purpose is the final settlement of *261 controversies, requires that a party must, present his entire case and his theory or theories of recovery to the trial court; and having done so, he cannot thereafter change to some different theory and thus attempt to keep in motion a merry-go-round of litigation.
The judgment of the trial court is affirmed. Costs are awarded to defendants.
. See Smith v. DeNiro, 26 Utah 2d 153, 486 P.2d 1036 (1971); 25 Utah 2d 295, 480 P.2d 480 (1971).
. 24 Utah 2d 301, 303, 470 P.2d 399 (1970).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.