Can courts grant unopposed summary judgment motions without independent review? Turley v. Childs Explained

In Turley v. Childs, the Utah Court of Appeals clarified the standards governing unopposed summary judgment motions, providing important guidance for practitioners on both procedural requirements and appellate preservation rules.

Background and Facts

The Childs Parties granted Turley an option to purchase approximately 2,600 acres in Spanish Fork Canyon. After initial litigation, the parties reached an oral settlement agreement recited on the record during trial, establishing an eight-month marketing period with Turley holding a right of first refusal, followed by his option to purchase at an appraised value if no third-party offers materialized. When no buyers emerged and Turley tendered the appraised amount of $1.618 million, the Childs Parties refused to convey, prompting Turley’s second lawsuit seeking specific performance.

Key Legal Issues

The court addressed two primary issues: whether the district court abused its discretion in denying the Childs Parties’ motion to extend deadlines after their strategic bankruptcy filings, and whether the court properly granted Turley’s unopposed summary judgment motion despite the lack of formal written settlement documentation.

Court’s Analysis and Holding

The Court of Appeals affirmed on both issues. Regarding the deadline extension, the court found no abuse of discretion where the Childs Parties demonstrated a pattern of bad faith through strategically timed bankruptcy filings to delay proceedings. On summary judgment, the court emphasized that even unopposed motions require judicial examination to ensure the movant demonstrates entitlement to relief as a matter of law. The court held that settlement agreements may be enforceable despite lack of formal written memorialization if the essential terms are sufficiently definite, as demonstrated by the detailed trial transcript and handwritten memorandum.

Practice Implications

This decision provides crucial guidance on appellate preservation in the summary judgment context. The court clarified that following Kelly v. Timber Lakes, plain error review is unavailable in most civil cases, meaning nonmovants cannot raise unpreserved defenses on appeal from unopposed summary judgment motions absent exceptional circumstances. Practitioners should ensure comprehensive opposition briefing and avoid relying on strategic delay tactics that may be deemed bad faith conduct.