Child v. Child

2009 UT 17
This opinion is subject to revision before final
publication in the Pacific Reporter.
IN THE SUPREME COURT OF THE STATE OF UTAH
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Cathy Child, No. 20081044
Petitioner,
v.
F I L E D
David N. Child,
Respondent. March 17, 2009
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Seventh District, Price Dep’t
The Honorable Bruce K. Halliday
No. 024700194
Attorneys: Rodney R. Parker, Salt Lake City, for petitioner
Joane Pappas White, Price, for respondent
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On Certiorari to the Utah Court of Appeals
PER CURIAM:
¶1 This matter is before the court upon a Petition for
Writ of Certiorari, filed on December 22, 2008.
¶2 The petition is granted only as to the following
question:
Whether the court of appeals erred in awarding Respondent
“the full value of his 25% share in the [family rental]
business” without remanding for an opportunity to make
findings to support the district court’s decision.
¶3 As to the limited issue described by this question, we
summarily reverse and remand. The court of appeals stated a
sufficient basis for reversal of the district court’s decision
for a lack of findings, but it did not adequately support the
additional step of declaring that the identified exceptions to
the general rule excluding premarital property from the marital
estate had not been established. It appears the latter
conclusion could only be predicated on a distinct appellate
determination that (1) the arguments or evidence presented to the

No. 20081044 2
district court were, as a matter of law, insufficient to invoke
or establish one of the exceptions, or (2) the district court
acted within its discretion in declining to make findings because
it properly deemed the arguments or evidence insufficient to
justify distinct findings as to an exception. If, on remand, the
court of appeals is unable to make such an additional
determination to support the result it reached, the matter should
be remanded to the district court to provide findings to justify
or correct the result that court originally reached.
Accordingly, we remand to the court of appeals to take the action
it deems appropriate according to the directives described in
this order.
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