Wednesday, December 7, 2016

If the Appeal is Based on Insufficient Findings, You Must Object at District Court Level Prior to Appeal and You Must Marshal in Your Opening Brief In Re A.B. 168 P.3d 820 (2007) 2007 UT App 286


Juvenile Court terminated Mother's parental rights.  Mother appealed.  Court of appeals found that Mother had not marshalled the evidence (i.e. show all the evidence to the Court of Appeals that supports the District Court's conclusions) and failing to do so was fatal to her appeal and could not be cured by a reply brief.  Further, the Court found that because Mother was arguing that the district court had lacked sufficient evidence to make the findings it used to support its order, Mother was required, prior to appeal to object to the findings and allow the District Court to examine the findings and the order prior appeal.  Because Mother failed to object at the District Court level to the findings, she failed to preserve the issue for appeal.

Full Opinion available at https://www.utcourts.gov/opinions/appopin/ab083007.pdf