GARDINER v. YORK

No. 20051162-CA.

153 P.3d 791 (2006)

2006 UT App 496

Richard GARDINER, Plaintiff and Appellant, v. Betty YORK and Interport, Inc., Defendants and Appellee.

Court of Appeals of Utah.

December 14, 2006.


Attorney(s) appearing for the Case

James K. Slavens, Fillmore, for Appellant.

A. Samuel Primavera, Riverton, for Appellee.

Before Judges BILLINGS, McHUGH, and THORNE.


OPINION

McHUGH, Judge:

¶ 1 Richard Gardiner appeals from the trial court's order denying his motion for attorney fees. In this case, we examine whether attorney fees incurred in pursuing a fraudulent transfer action are recoverable as consequential damages stemming from a prior breach of contract. Because we hold that the trial court failed to engage in the appropriate analysis of this issue, we remand for further proceedings consistent with this opinion...

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