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Defendant was charged with felony DUI based on enhancement due to two prior DUI convictions. Defendant filed a motion to dismiss the felony DUI charge, arguing that the enhancement provision in the DUI statute was unconstitutional as applied to him because it violates the prohibition against ex post facto laws. The trial court denied his motion. Defendant appeals, and we affirm.

Appellant Jose R. Valdez appeals his conviction of Driving Under the Influence of Alcohol, a class A misdemeanor.

Warren and Frances Thurston are the parents and lawful heirs of Roger Thurston and the plaintiffs in this wrongful death action. The trial court entered summary judgment in favor of all three defendants and dismissed Plaintiffs' causes of action, based in tort and contract, due to the lack of sufficient evidence that would allow a jury to determine that any negligence of Defendants was the proximate cause of Roger Thurston's death.

The State of Utah appeals the trial court's order dismissing the information filed against Danial Peterson for failure to prosecute within 120 days, under Utah Code Ann. § 77-29-1 (1999) (Detainer Statute). The State argues the trial court committed reversible error by failing to toll the 120-day period by 42 days when Peterson filed a motion to suppress, and that good cause existed to delay the trial date beyond the detainer period. Further, the State argues the trial court committed plain error in dismissing all four charges against Peterson when only the Possession of a Controlled Substance charge was specified in his Detainer Statute demand.

Plaintiffs appeal from the trial court's grant of a motion to dismiss their complaint. Plaintiffs also appeal the trial court's award of attorney fees.

James Linden appeals the district court's dismissal of his petition for extraordinary relief. We affirm.

Tom Ramsey (Plaintiff) appeals the trial court's grant of First Security Bank's (First Security) Motion to Dismiss under Utah Rule of Civil Procedure 12(b)(6). We affirm.

Konai Bloomfield (Defendant) appeals his jury convictions of two counts of aggravated robbery, both first degree felonies, in violation of Utah Code Ann. 76-6-302 (1999). Defendant contends there was insufficient evidence to convict, the trial court erroneously admitted a surveillance videotape, and his trial counsel was ineffective for failing to object to the admission of the surveillance videotape. We affirm.

This is an interlocutory appeal by the State from an order suppressing evidence seized pursuant to a second search warrant. The trial court concluded that the taint on evidence obtained from an earlier search was not removed by the second warrant, and that the independent source rule "does not apply to violations of the 'knock and announce' statute." We reverse.

Pride Stables (Pride), a Utah limited partnership, appeals the denial of a motion to amend its pleadings and a grant of summary judgment to Homestead Golf Club, Inc., Gerald R. Sanders, and Great Inns of the Rockies, Inc. (collectively, Homestead), based on the trial court's determination that Pride's claims were barred by res judicata. We affirm.

Pochynok Company, Inc. (Pochynok) appeals the trial court's posttrial order awarding costs and attorney fees to Gregory and Louann Smedsrud (the Smedsruds) and upholding garnishment of Pochynok's account at Zions First National Bank over its objections. We affirm.

Liza Corwell appeals from the trial court's denial of her motion to withdraw her guilty plea from a conviction for attempted tampering with evidence in violation of Utah Code Annotated 76-8-510 and 76-4-101 (1999). We reverse and remand.

Anthony Coombs, Scott Haslam, Judith Haslam, and HASCO, LLC (collectively, Plaintiffs) appeal the trial court's grant of a motion to dismiss brought by Juice Works Development, Inc., TCBY Systems, Inc., and Mrs. Fields Original Cookies, Inc. (collectively, Defendants).(1) Defendants brought the motion to dismiss based on a forum selection clause in a contract between franchisee Plaintiffs and franchisor Juice Works. Based on the forum selection clause, the trial court granted Defendants' motion. We affirm.

This appeal originates from an employment contract signed by Appellant William Kraatz and Appellee Heritage Imports (Heritage) in May 1990.(1) Heritage hired Kraatz as its manager, and the contract provided an employment term of five years. Twenty-seven months later, Heritage terminated Kraatz and their contract. Kraatz filed suit for wrongful termination in January 1993, seeking $3,507,980, plus interest, in direct (general) and consequential (special) damages. A four-day trial ensued in August 1996. Later in 1996, the trial court ruled that Heritage did not wrongfully terminate Kraatz.

B.J.B. appeals the juvenile court's denial of his motion to enter default judgment and petition to terminate his parental rights. We affirm.

Highland Estates Properties Owners Association, Inc. (Highland Estates) appeals a trial court order granting Jean and Rebecca LeVanger (the LeVangers) attorney fees and costs. We reverse and remand.

Following our February 1, 2001 affirmance of Rees's criminal conviction for possession of marijuana with intent to distribute, see State v. Rees, 2001 UT App 27, 2001 WL 311418 (affirming Rees's conviction based in-part upon Rees's failure to incorporate certain record information necessary to our proper review of his claim), Rees filed a motion to resentence and a petition for extraordinary relief with his sentencing court, under the original criminal case number. In his petition for extraordinary relief, Rees's attorney, who has represented Rees throughout his trial and appeal, essentially asserted that Rees had lost his opportunity for meaningful appellate review of the conviction due to ineffective assistance of counsel.(1) On May 10, 2001, the trial court dismissed Rees's petition for extraordinary relief as focused solely on issues previously adjudicated by this court. Rees now appeals this dismissal.

A jury convicted Frank Lyle Dominguez (Defendant) of murder, a first degree felony under Utah Code Ann. 76-5-203 (1999). Defendant appeals, claiming numerous errors at trial. We affirm.

Leopoldina Oseguera appeals the trial court's denial of her motion under rule 60(b)(6) of the Utah Rules of Civil Procedure for relief from a judgment improperly entered against her. Because the trial court should have set aside the judgment when its mistake was called to its attention, we reverse.

Robin M. Lafond appeals her conviction of illegal possession of a controlled substance in violation of Utah Code Ann. 58-37-8(2)(a)(i) (1998). Lafond contends that because the investigating officer had no reasonable suspicion to justify the frisk and resulting search of her person, the district court erroneously denied her motion to suppress.

Cris Rudger Atkin (Atkin) appeals his convictions of one count of Aggravated Sexual Abuse of a Child and one count of Sexual Exploitation of a Minor.

Richard Dale Houston appeals the trial court's denial of his motion to dismiss under Utah Code Annotated section 77-29-1 (1999) (the Speedy Trial Statute).

Appellant Wells Fargo Bank (Wells Fargo) appeals the order of the district court granting summary judgment to Appellees Temple View Investments, and its principals Greg Stuart (Stuart), William D'Evelyn (D'Evelyn), and Richard Bennion (Bennion), collectively referred to herein as Temple View.

Frederick Germonto appeals from a conviction for escape from official custody, a second degree felony, in violation of Utah Code Annotated Section 76-8-309 (1999) (escape statute).

The Spencers own two parcels of real property located in the City identified as the East parcel and the West parcel. The Spencers and the City have had a number of disputes over the City's requirements for the Spencers to develop their property as building lots. The Spencers allege the City has violated their civil rights by revoking previously granted variances, refusing to issue building permits, and improperly limiting their use of a private right-of-way.

Brenda Lyn Krammer appeals the trial court's denial of her request for attorney fees and order splitting the cost of an in-home custody evaluation with John William Cox. We affirm.

Davis County appeals the district court's order granting summary judgment in favor of Progressive Northwestern Insurance Company. We affirm.

Appellant Ilia Dennis appeals the district court's grant of Appellee David Vasquez's summary judgment motion. We affirm. Dennis brought suit in small claims court for property damage incurred in an automobile accident with Vasquez. In his complaint, he alleged: "Damage to vehicle . . . as a result of an auto accident." He then properly served notice of the small claims action upon Vasquez. The opposing parties appeared in court at the appointed time, argued their respective positions, and had opportunity to present evidence. After hearing argument from both parties, the small claims judge ruled against Dennis and checked the box on the judgment form that states, "No Cause of Action." Dennis did not appeal that judgment. Later, Dennis filed a new suit in district court claiming damages for personal injuries sustained during the same automobile accident. The district court entered summary judgment on grounds that Dennis's claim was barred by claim preclusion.

American Housing Partners, Inc. (American) appeals from a judgment awarding Fairbourn Commercial, Inc. (Fairbourn) a real estate commission of $153,000 plus attorney fees and costs in the amount of $45,001. We affirm.

Defendant Daniel Roper appeals from the district court's order denying his motion to withdraw his guilty plea in abeyance, following a hearing de novo, in a case originating in justice court. This case is before the court on its own motion for summary dismissal for lack of jurisdiction. See Utah R. App. P. 10(e).

James Ashley Fennell II appeals the trial court's grant of summary judgment in favor of defendants Edward D. Green, Neil Wall, and GMW Development, Inc., dba Ivory North (Ivory North) (collectively, Defendants). We affirm.

Five F, L.L.C. (Five F) appeals from a final judgment granting a directed verdict in favor of Heritage Savings Bank (Heritage). The trial court determined, "under the facts of [the] case and as a matter of law," that Heritage owed Five F a fiduciary duty. The court then found that, despite such a duty, Heritage could not be held liable if it fulfilled its obligations under the terms of the parties' trust deed and adhered to the requirements of Utah's trust deed statute. See Utah Code Ann. 57-1-19 to -29 (2000). The court also determined that Five F's claims for unjust enrichment and for breach of the implied covenant of good faith and fair dealing did not defeat the directed verdict. We hold that Heritage's fiduciary duty did not require it to do more than follow the requirements of the trust deed and statute. We also find that Five F's claims for unjust enrichment and breach of the implied covenant of good faith and fair dealing are not viable in this instance. We therefore affirm.

John and Shauna Groberg appeal the denial of their mechanics' lien and their claims for breach of contract and unjust enrichment. Housing Opportunities, Inc. (HOI) cross appeals, asserting that the trial court should have awarded it attorney fees. We affirm.

Bio-Thrust, Inc. (Bio-Thrust) and John Michael Coombs (Coombs) appeal an order from the district court granting the Division of Corporations's (the Division) motion to dismiss. In its ruling, the district court held that neither Bio-Thrust nor Coombs had standing to contest Bio-Thrust's 1991 involuntary dissolution. We affirm.

Plaintiffs Aspenwood, L.L.C. (Aspenwood), JMS Hidden, L.L.C., and JMS Financial, L.L.C. (together referred to as JMS) appeal various orders and judgments entered against them and in favor of Defendants C.A.T., L.L.C. (CAT), Paul Taggart (Taggart), and John Coats (Coats). We affirm.

Hartford Insurance Company of the Midwest (Hartford) appeals the trial court's grant of partial summary judgment in favor of the Estate of Dorothy Berkemeir (the Estate) and the denial of Hartford's motion for summary judgment. We affirm.

Alliant Techsystem, Inc. (ATK) seeks review of an amended order of the Utah State Tax Commission (Commission) granting a motion to dismiss tax appeals for lack of subject matter jurisdiction. We affirm the Commission's order.

Plaintiffs appeal the dismissal of their complaint related to their substantial losses from an unprofitable investment. We affirm.

Almon Covey (Almon) appeals from two trial court judgments entered on August 14, 2001, and February 8, 2002. We affirm. Almon is the older brother of Noel Covey (Noel). Sometime during 1991, Almon asked Noel to loan him 7219 shares of Sears, Roebuck and Co. stock (the Sears stock) that she owned. Almon wished to use the Sears stock to pledge as collateral on a margin account that he had with a securities brokerage firm, Covey & Co. Almon was a stockbroker with Covey & Co. and also its principal owner.

Appellants Larry and Wendy Helms appeal the trial court's denial of their motion to dismiss Ann Gunderman's Complaint in Intervention in an adoption proceeding, and the trial court's award of child custody to Gunderman.

IES Associates, Inc. (IES) appeals from an amended judgment denying its breach of contract claim, an order dismissing its counterclaim for breach of a modified contract, and postjudgment orders denying its motion to quash subpoenas and overruling objections in postjudgment proceedings.

Appellants Tyler Hansen and the Workers' Compensation Fund appeal the trial court's denial of their motion for partial summary judgment. We affirm.

Defendants Nagle Construction, Inc., Gary M. Nagle, and Marilyn F. Nagle appeal from the trial court's decision to grant summary judgment for Plaintiff Kathryn Collard, trustee of the LeRoy Collard Trust. The trial court denied Seller's motion for summary judgment and granted Buyer's motion for summary judgment, ruling Buyer was entitled to title in certain real property. Buyer cross-appeals the trial court's decision to deny Buyer attorney fees pursuant to the parties' Uniform Real Estate Contract.

Nanette Carlile (Carlile) appeals the district court's grant of summary judgment to Wal-Mart Stores, Inc. (Wal-Mart). We reverse and remand. On April 11, 2000, Carlile was in the fabrics section of Wal-Mart when she was struck by an electric cart. The woman driving the cart fled the scene and has not been identified. Wal-Mart made the cart available for public use.

Keith Bourgeous appeals the trial court's ruling affirming the Utah Department of Commerce's (the Department) decision denying him a professional engineer's license for failure to meet the Department's educational requirements. Bourgeous argues the trial court should not have affirmed the Department's decision because (1) Bourgeous's engineer-in-training certificate meant that he irrevocably met the education requirements for licensure, and (2) the Department violated the Utah Administrative Procedures Act. We conclude the trial court correctly affirmed the Department's decision.

Appellant Golden Gardens Water Company (Golden) appeals the district court's Order and Judgment denying a trial de novo. The district court ruled that the Safe Drinking Water Board's "administrative hearing was the appropriate remedy[, and s]ince an administrative hearing has been held, [Golden] is barred from a Trial de Novo." We affirm on different grounds.

Appellant Suzanne Dowling appeals the trial court's grant of summary judgment to Appellee Kathleen Bullen. We reverse and remand. The operative facts of this case are undisputed, and we will recite them as contained in the trial court's summary judgment order, dated November 19, 2001. In late 1994, Dowling's daughters began receiving counseling from Bullen, a licenced clinical social worker. Dowling and her then husband, James, also began "individual therapy" with Bullen. In January 1996, James filed for divorce. By June 1996, Dowling's family had completely discontinued counseling with Bullen at Bullen's recommendation. On September 26, 1996, a divorce decree issued. At approximately the same time, James and Bullen announced their intention to marry, and Dowling received information indicating that Bullen had initiated an intimate relationship with James during the course of counseling and prior to the filing of the petition for divorce.