Case Summary: Hess vs. Johnson
This opinion is subject to revision before publication in the Pacific Reporter.
IN THE UTAH COURT OF APPEALS ----ooOoo---Layne D. Hess, an individual, Plaintiff, Appellant, and Cross-appellee, v. Jody Johnston, an individual, Defendant, Appellee, and Cross-appellant. ) ) ) ) ) ) ) ) ) ) ) OPINION (For Official Publication) Case No. 20060497-CA F I L E D (June 21, 2007) 2007 UT App 213
----Third District, Salt Lake Department, 050919801 The Honorable J. Dennis Frederick Attorneys: Paxton R. Guymon and Joel T. Zenger, Salt Lake City, for Appellant and Cross-appellee David W. Scofield, Salt Lake City, for Appellee and Cross-appellant ----Before Judges Davis, McHugh, and Orme. McHUGH, Judge: ¶1 Plaintiff Layne D. Hess appeals the trial court's order dismissing his complaint, with prejudice, for failure to state a claim upon which relief can be granted, see Utah R. Civ. P. 12(b)(6). Defendant Jody Johnston cross-appeals, arguing that the trial court committed error when it denied her motion for sanctions under rule 11 of the Utah Rules of Civil Procedure, see Utah R. Civ. P. 11. We affirm. BACKGROUND 1
In considering the correctness of an order dismissing a complaint, we assume the truthfulness of each of the facts alleged by plaintiff. See Oakwood Vill. L.L.C. v. Albertsons, Inc., 2004 UT 101,¶9, 104 P.3d 1226.
1
¶2 Hess and Johnston started dating in mid-April 2004 and within three months, they decided to marry. Johnston found an engagement ring she liked, and Hess commissioned a jeweler to craft one like it. The couple planned to marry sometime in November 2004, but mutually decided that they would take their time in planning the wedding to ensure their finances were in order. ¶3 About this time, Johnston told Hess that, during their engagement, she wanted to go on some trips and wanted Hess to have a vasectomy. Hess complied with these requests. Hess began by paying for the couple to take a seven-day cruise to Alaska at the end of July. In August,
IN THE UTAH COURT OF APPEALS ----ooOoo---Layne D. Hess, an individual, Plaintiff, Appellant, and Cross-appellee, v. Jody Johnston, an individual, Defendant, Appellee, and Cross-appellant. ) ) ) ) ) ) ) ) ) ) ) OPINION (For Official Publication) Case No. 20060497-CA F I L E D (June 21, 2007) 2007 UT App 213
----Third District, Salt Lake Department, 050919801 The Honorable J. Dennis Frederick Attorneys: Paxton R. Guymon and Joel T. Zenger, Salt Lake City, for Appellant and Cross-appellee David W. Scofield, Salt Lake City, for Appellee and Cross-appellant ----Before Judges Davis, McHugh, and Orme. McHUGH, Judge: ¶1 Plaintiff Layne D. Hess appeals the trial court's order dismissing his complaint, with prejudice, for failure to state a claim upon which relief can be granted, see Utah R. Civ. P. 12(b)(6). Defendant Jody Johnston cross-appeals, arguing that the trial court committed error when it denied her motion for sanctions under rule 11 of the Utah Rules of Civil Procedure, see Utah R. Civ. P. 11. We affirm. BACKGROUND 1
In considering the correctness of an order dismissing a complaint, we assume the truthfulness of each of the facts alleged by plaintiff. See Oakwood Vill. L.L.C. v. Albertsons, Inc., 2004 UT 101,¶9, 104 P.3d 1226.
1
¶2 Hess and Johnston started dating in mid-April 2004 and within three months, they decided to marry. Johnston found an engagement ring she liked, and Hess commissioned a jeweler to craft one like it. The couple planned to marry sometime in November 2004, but mutually decided that they would take their time in planning the wedding to ensure their finances were in order. ¶3 About this time, Johnston told Hess that, during their engagement, she wanted to go on some trips and wanted Hess to have a vasectomy. Hess complied with these requests. Hess began by paying for the couple to take a seven-day cruise to Alaska at the end of July. In August,