Bluemel v. Freestone, No. 20071010-CA.

CourtUtah Court of Appeals
Writing for the CourtThorne
Citation2009 UT App 16,202 P.3d 304
Decision Date23 January 2009
Docket NumberNo. 20071010-CA.
PartiesDarren C. BLUEMEL, Plaintiff and Appellant, v. Wayne A. FREESTONE and David J. Angerhofer, Defendants and Appellees.
202 P.3d 304
2009 UT App 16
Darren C. BLUEMEL, Plaintiff and Appellant,
v.
Wayne A. FREESTONE and David J. Angerhofer, Defendants and Appellees.
No. 20071010-CA.
Court of Appeals of Utah.
January 23, 2009.

[202 P.3d 305]

David W. Brown, West Valley City, for Appellant.

Wayne A. Freestone and David J. Angerhofer, Sandy, Appellees Pro Se.

Before Judges GREENWOOD, THORNE, and BENCH.

OPINION

THORNE, Associate Presiding Judge:


¶1 Darren C. Bluemel appeals from the district court's granting of Wayne A. Freestone and David J. Angerhofer's motion for summary judgment. We reverse the judgment of the district court and remand this matter for further proceedings.

BACKGROUND

¶2 Freestone and Angerhofer are attorneys who have had contracts with various Utah correctional facilities to assist inmates with the preparation of postconviction relief filings. Bluemel sued Freestone and Angerhofer for alleged deficiencies in their handling of Bluemel's own postconviction relief petition. Both Bluemel's postconviction relief petition and this separate civil suit have been the subject of prior appellate decisions from this court. See Bluemel v. Freestone, 2004 UT App 387U, 2004 WL 2404323 (mem.) (per curiam) (affirming dismissal of Bluemel's initial civil complaint against Freestone and Angerhofer); Bluemel v. Miller, 2003 UT App 267U, 2003 WL 21715842 (mem.) (affirming dismissal of Bluemel's petition for postconviction relief).

¶3 When the district court granted summary judgment to Freestone and Angerhofer, Bluemel had several discovery motions pending before the court, as well as a motion for additional time to conduct discovery to oppose summary judgment pursuant to rule 56(f), see Utah R. Civ. P. 56(f). Although the district court took these motions under advisement after a June 12, 2007 motion hearing, the court did not rule on the motions before it granted summary judgment on November 27, 2007. At issue in the discovery motions were Bluemel's attempts to obtain a copy of the contract under which Freestone and Angerhofer provided him with assistance, as well as Bluemel's attempts to discover the documents Freestone and Angerhofer had included with the postconviction relief petition filed on Bluemel's behalf.1

ISSUE AND STANDARD OF REVIEW

¶4 Bluemel appeals from the district court's entry of summary judgment in favor of Freestone and Angerhofer. Bluemel raises various challenges to the district court's order, but we address only his argument that the district court erred when it failed to address Bluemel's pending discovery and rule 56(f) motions prior to ruling on Freestone

202 P.3d 306

and Angerhofer's motion for summary judgment. We generally review a trial court's discovery rulings for an abuse of discretion, see, e.g., Aurora Credit Servs., Inc. v. Liberty W. Dev., 2006 UT App 48, ¶ 3, 129 P.3d 287, but when a trial court does not rule on outstanding discovery motions and thereby fails to exercise its discretion, "the issue of whether or not it should have [decided the outstanding motions] presents a legal question which is...

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3 practice notes
  • Cea v. Hoffman, No. 20100728–CA.
    • United States
    • Utah Court of Appeals
    • April 5, 2012
    ...the outstanding motions] presents a legal question which is subject to de novo review.’ ” Bluemel v. Freestone, 2009 UT App 16, ¶ 4, 202 P.3d 304 (quoting Energy Mgmt. Servs., LLC v. Shaw, 2005 UT App 90, ¶ 8, 110 P.3d 158). “Generally, summary judgment should not be granted if discovery is......
  • Vered v. Tooele Hosp. Corp., No. 20150866-CA
    • United States
    • Court of Appeals of Utah
    • January 25, 2018
    ...¶16 "We generally review a trial court's discovery rulings for an abuse of discretion," Bluemel v. Freestone , 2009 UT App 16, ¶ 4, 202 P.3d 304, including a district court's "determination of whether in camera review is necessary," Allred v. Saunders , 2014 UT 43, ¶ 24, 342 P.3d 204. But w......
  • State Farm Fire and Cas. v. Forced Aire, No. 20070808-CA.
    • United States
    • Court of Appeals of Utah
    • January 23, 2009
    ...court's statement of uncontroverted facts, including that "[i]nstallation of a pellet stove on Chad Edgington's real property by [Forced 202 P.3d 304 Aire] was conducted and completed in Mid-November, 1990." The conflicting affidavit evidence State Farm submitted creates a question of fact ......
3 cases
  • Cea v. Hoffman, No. 20100728–CA.
    • United States
    • Utah Court of Appeals
    • April 5, 2012
    ...the outstanding motions] presents a legal question which is subject to de novo review.’ ” Bluemel v. Freestone, 2009 UT App 16, ¶ 4, 202 P.3d 304 (quoting Energy Mgmt. Servs., LLC v. Shaw, 2005 UT App 90, ¶ 8, 110 P.3d 158). “Generally, summary judgment should not be granted if discovery is......
  • Vered v. Tooele Hosp. Corp., No. 20150866-CA
    • United States
    • Court of Appeals of Utah
    • January 25, 2018
    ...¶16 "We generally review a trial court's discovery rulings for an abuse of discretion," Bluemel v. Freestone , 2009 UT App 16, ¶ 4, 202 P.3d 304, including a district court's "determination of whether in camera review is necessary," Allred v. Saunders , 2014 UT 43, ¶ 24, 342 P.3d 204. But w......
  • State Farm Fire and Cas. v. Forced Aire, No. 20070808-CA.
    • United States
    • Court of Appeals of Utah
    • January 23, 2009
    ...court's statement of uncontroverted facts, including that "[i]nstallation of a pellet stove on Chad Edgington's real property by [Forced 202 P.3d 304 Aire] was conducted and completed in Mid-November, 1990." The conflicting affidavit evidence State Farm submitted creates a question of fact ......

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