Mike's Appellate Cases

Mike has been successful on appeal in three diverse cases.

 

Trust Appeal - Utah Supreme Court
Most recently on January 21, 2011, the Utah Supreme Court issued its opinion in the case, In the Matter of the Irrevocable Jack W. Kunkler Trust A. Mike appealed the trial court's refusal to allow his client to have a jury trial in a dispute against Key Bank. The Utah Supreme Court held that the trial court erred in denying Mike's client a jury trial. The Utah Supreme Court then reversed and sent the case back to the trial court. This was a huge victory for Mike's client.
The full opinion is available here - download PDF.

 

Modification of Divorce Decree - Utah Court of Appeals
Another case in which Mike was successful on appeal was in the Bolliger v. Bolliger case in which the Utah Court of Appeals reversed the trial court in favor of Mike's client. This case has become a widely cited case in Utah for the proposition that a change in circumstances in a divorce matter may be "a substantial change in circumstances" if such change was not contemplated within the divorce decree. This is very important in order to modify a decree, e.g., to change the amount of alimony or the amount of child support.
The full opinion is available here - download PDF.

 

Wrongful Action by Adult Protective Services - Utah Supreme Court
In the matter of Lillian Lees, an incapacitated adult, Mike was asked by the daughter of an elderly incapacitated woman to rescue her mother who had been forcefully removed from the daughter's home by Sandy Police under the direction of Adult Protective Services and placed in a care facility. After Mike's initial request in the trial court failed, he appealed to the Utah Supreme Court which found that Adult Protective Services had acted unlawfully by ignoring key provisions in the Utah Code that provide safeguards to protect the rights of individuals. The Utah Supreme Court then ordered the release of the mother back to her daughter. This win by Mike brought him instant recognition by officials in the State of Utah for his zealous advocacy for the elderly.
The full opinion is available here - download PDF.