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← 2016 UTAPP 220 - Bresee v. Barton

Bresee v. Barton’s Empirical Analysis

2016

Citation profile

11
cited by 11 later decisions
1
states following
December 2025
most recently cited

9 state decisions

Relationships

Relies on Mullane v. Central Hanover Bank & Trust Co. · State v. Holgate · Orvis v. Johnson · Valcarce v. Fitzgerald · State v. Thomas

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[B]y neglecting the court's findings, [Appellants] necessarily fail to adequately call into question the factual basis for the district court's ultimate [damages] determination. Cf. State v. Nielsen , 2014 UT 10 , ¶ 40, 326 P.3d 645 (explaining that, with regard to the marshaling requirement, "a party who fails to identify and deal with supportive evidence will never persuade an appellate court to reverse under the deferential standard of review that applies to such issues"); Wayment v. Howard , 2006 UT 56 , ¶ 17, 144 P.3d 1147 (presuming that the evidence presented supported the district court's factual findings where the appellant "failed to marshal any of the supporting evidence").”
    1 later decision quote this exact passage
  2. “The Utah Code requires a court to award reasonable attorney fees in a civil action to the prevailing party if the court determines that the action or defense to the action was without merit and not brought or asserted in good faith.”
    1 later decision quote this exact passage
  3. “The without merit determination is a question of law, and therefore we review it for correctness. The bad-faith determination is a question of fact and is therefore reviewed by this court for clear error.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.