Attack each independent ground on appeal

An appeal has no chance of succeeding unless a party attacks each independent ground enumerated by the district court.

The Utah Court of Appeals will regularly decline to reach the merits of an issue when the appellant fails to attack ****each and every ground*** the district court gave for its decision.

On appeal, you can’t get a reversal unless you show that the district court erred. And you can’t show that the district court erred if the court announced 3 reasons why it ruled X and you only attack 1 or 2 of the reasons. You must attack all 3. It’s a basic rule of war.

For example, last year in Allen v. Allen, the Utah Court of Appeals ruled that Mr. Allen had not shown that the district court’s ruling was an abuse of discretion because he had failed to challenge an independent ground for affirmance.

So, in your appellate brief, make sure that you attack each independent ground enumerated by the district court. If you don’t, you have no chance of succeeding on appeal.

Pro tip: Attack each reason the court gave for its ruling in the headings and subheadings. Make it easy for the court to find.