Utah Court of Appeals
Can attorneys file a lis pendens in Utah for out-of-state legal proceedings? Winters v. Schulman Explained
Summary
David Winters sued Joanne Schulman and Allison Abizaid after Schulman filed a lis pendens on Winters’s Utah property in connection with a California divorce enforcement action. The trial court granted summary judgment in favor of Schulman on all claims including wrongful lien, negligence, and abuse of process.
Practice Areas & Topics
Analysis
The Utah Court of Appeals addressed an important question about lis pendens filings in Winters v. Schulman, clarifying when these notices may be filed in Utah for actions pending in other states and establishing strict requirements for their validity.
Background and Facts
David Winters and Allison Abizaid divorced in California in 1989. Winters later purchased Utah property, and Abizaid quit-claimed her interest to him in 1992. In 1995, Abizaid retained California attorney Joanne Schulman to enforce the divorce decree. Schulman filed a lis pendens on Winters’s Utah property stating that a divorce action was pending in California. However, no action was actually pending at the time—the California enforcement action wasn’t filed until five months later. Winters sued in Utah seeking removal of the lis pendens and damages for wrongful lien, negligence, and abuse of process.
Key Legal Issues
The court addressed three main issues: (1) whether Winters’s wrongful lien claim was moot, (2) whether a lis pendens may be filed in Utah for out-of-state proceedings, and (3) whether Schulman’s lis pendens met statutory requirements under Utah Code section 78-40-2.
Court’s Analysis and Holding
The court held that lis pendens may be filed in Utah for out-of-state actions because this provides greater protection to prospective purchasers by giving notice of all actions that may affect Utah property. However, the court found Schulman’s lis pendens invalid for two reasons: (1) no action was pending when the lis pendens was filed, and (2) the California divorce action did not affect title to or possession of the Utah property, which was purchased after the divorce was finalized. The court noted that Utah law prohibits lis pendens filings for actions seeking only money judgments.
Practice Implications
This decision provides important guidance for practitioners dealing with multi-state property disputes. While Utah allows lis pendens for out-of-state actions, strict compliance with statutory requirements remains essential. The court’s analysis of wrongful lien statutes also demonstrates the potential liability attorneys face when filing improper liens, particularly when they should have known the filing was groundless under applicable law.
Case Details
Case Name
Winters v. Schulman
Citation
1999 UT App 119
Court
Utah Court of Appeals
Case Number
No. 980242-CA
Date Decided
April 15, 1999
Outcome
Affirmed in part and Reversed in part
Holding
A lis pendens may be filed in Utah for out-of-state actions, but the lis pendens in this case was invalid because no action was pending when filed and the action did not affect title to or possession of Utah property.
Standard of Review
Correctness for questions of law and summary judgment determinations
Practice Tip
Before filing a lis pendens in Utah for out-of-state actions, ensure there is an actual pending action at the time of filing and that the action affects title to or possession of Utah property.
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