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Stewart E. Pearson and Linda S. Pearson, Plaintiffs and Appellees, v. Donald W. Layton, an indi

MEMORANDUM DECISION

PER CURIAM:

This case is before the court on its own motion for summary disposition on the basis that the issues presented for review are so insubstantial as to not merit further consideration by the court. See Utah R. App. P. 10.

Appellees (Pearsons) sought to quiet title on property on which Appellant (Layton) had filed a lis pendens. The trial court granted summary judgment in favor of the Pearsons, determining that the lis pendens was wrongfully filed and invalid.

Layton's response to this court's motion is nonsensical and fails to demonstrate any error by the trial court or any cause to reverse the trial court's decision.

The motion for summary disposition is, therefore, granted and the Pearsons, having been awarded fees below, are awarded attorney fees on appeal. This matter is remanded for determination of the amount of attorney fees reasonably incurred by the Pearsons on appeal.

The Pearsons were awarded attorney fees in the trial court pursuant to Utah Code Annotated Section 38-9-4(2) (2001). When a party who received attorney fees below prevails on appeal, the party is ordinarily entitled to fees incurred on appeal. See Valcarce v. Fitzgerald, 961 P.2d 305, 319 (Utah 1998).

Norman H. Jackson, Judge, Gregory K. Orme, Judge and William A. Thorne Jr., Judge, concur.

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PEARSON v. LAYTON
(Apr 1, 2004)