Torgerson v. Talbot

• Decision Date: 14 December 2017
• Docket Number: No. 20160759-CA,20160759-CA
• Citation: 414 P.3d 504
• Parties: Greg TORGERSON, Appellant, v. Josh TALBOT, Tex R. Olsen, and ESTATE OF Bret KOUNS, Appellees.
• Court: Utah Court of Appeals

414 P.3d 504

Greg TORGERSON, Appellant,
v.
Josh TALBOT, Tex R. Olsen, and ESTATE OF Bret KOUNS, Appellees.

No. 20160759-CA

Court of Appeals of Utah.

Filed December 14, 2017

Michael P. Van Tassell, Attorney for Appellant.

Tex R. Olsen, Attorney for Appellees.

Judge Ryan M. Harris authored this Opinion, in which Judges Gregory K. Orme and Diana Hagen concurred.

Opinion

Harris, Judge:

¶1 Appellant Greg Torgerson filed a complaint for declaratory relief against Appellees, alleging that he had the right to lease certain real property (the Property) from the Estate of Bret Kouns (the Estate). The district court dismissed Torgerson's complaint as untimely under the 60-day statute of limitations in the Probate Code that applies to "claims" filed against an estate. Torgerson appeals, arguing that his complaint was not subject to that particular statute of limitations, and therefore not untimely. We agree with Torgerson that his complaint for declaratory relief was not untimely under the Probate Code, and we reject the Estate's alternative argument that the district court lacked jurisdiction to adjudicate Torgerson's complaint. Accordingly, we reverse the district court's order of dismissal.

¶2 A landowner, Bret Kouns (Decedent), died on June 10, 2015.¹ Soon thereafter, his sister was appointed personal representative of the Estate, and initiated probate proceedings (the probate action) in district court to manage and distribute his property. On October 7, 2015, Torgerson filed a "creditor's claim" with the Estate in which he maintained that he was party to a "written lease" between Decedent and himself that he claimed gave him the right to lease the Property

414 P.3d 506

through 2017. The Estate determined that Torgerson's putative lease was not legitimate and denied Torgerson's claim on October 9, 2015.

¶3 On March 10, 2016, the Estate filed a petition in the probate action asking the court to authorize its representatives to lease the Property to someone other than Torgerson. The Estate served a copy of this petition on Torgerson by regular mail to his last known address. Torgerson did not respond to the Estate's petition. Instead, on March 24, 2016 he filed a separate "Complaint for Declaratory Relief" in a new action, seeking a judicial declaration that he had the right to lease the Property pursuant to his putative lease. Torgerson's new declaratory judgment action and the Estate's probate action were filed in the same court and were assigned to the same judge.

¶4 A few weeks later, noting that Torgerson had not yet responded to its petition in the probate action, the Estate filed a request to submit the petition for decision. Shortly thereafter, the Estate also filed a motion to dismiss Torgerson's separate declaratory judgment complaint. Later, after oral argument, the district court granted the Estate's probate petition, allowing the Estate to take possession of the Property and lease it to someone other than Torgerson. Subsequently, Torgerson moved for relief from the district court's order in the probate action. The court scheduled a hearing for July 11, 2016, at which time it would entertain oral argument on both Torgerson's motion for relief in the probate action and the Estate's motion to dismiss Torgerson's separate declaratory judgment action.

¶5 Following the July 11, 2016 oral argument, the district court issued a combined order containing its rulings in both cases. In that order, the district court declined to alter its previous decision to grant the Estate's petition in the probate action, and also granted the Estate's motion to dismiss Torgerson's declaratory judgment complaint. In dismissing Torgerson's separate complaint, the court relied entirely on a provision of the Utah Probate Code that states, in relevant part, that "if a claim [against a decedent's estate] is presented ... no proceeding thereon may be commenced more than 60 days after the personal representative [of the estate] has mailed a notice of disallowance...." Utah Code Ann. § 75-3-804(2) (LexisNexis 1993). Concluding that Torgerson's claim to have a right to lease the Property was a "claim against the estate," and noting that Torgerson did not commence his declaratory judgment action within sixty days of the Estate's October 9, 2015 denial of Torgerson's initial request, the district court determined that Torgerson's declaratory judgment action was untimely filed and accordingly dismissed it. Torgerson timely appeals the dismissal of his declaratory judgment complaint.²

¶6 On appeal, Torgerson contends that the district court erred in determining that his complaint for declaratory relief was untimely. Specifically, Torgerson argues that his complaint for declaratory relief does not present a "claim," as that term is used in the Probate Code's 60-day statute of limitations, and therefore his complaint is not subject to that limitations period.

¶7 "The propriety of a trial court's...