Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Design Academy Inc. v. Albiston

Court of Appeals of Utah

June 7, 2018

Design Academy Inc., Appellant,
v.
Nicole M. Albiston, Appellee.

          Third District Court, West Jordan Department The Honorable Bruce C. Lubeck No. 130415822

          Michael R. Lofgran and Scott A. Trujillo, Attorneys for Appellant

          Nicole M. Albiston, Appellee Pro Se

          Judge Gregory K. Orme authored this Opinion, in which Judges Kate A. Toomey and David N. Mortensen concurred.

          OPINION

          ORME, JUDGE:

         ¶1 Appellant Design Academy Inc. appeals the district court's denial of its motion to suspend Appellee Nicole M. Albiston's driver license and vehicle registration for her failure to satisfy a judgment unrelated to owning or operating a motor vehicle. We affirm.

         ¶2 Albiston signed an agreement with Design Academy, promising that she would pay tuition and related fees, and in return, Design Academy would provide her with the 2, 000 educational hours then required by the State of Utah to become a licensed cosmetologist. Less than six months later, Albiston withdrew from Design Academy. Shortly thereafter, Design Academy sent her a statement indicating what she owed under the agreement. Albiston did not pay any part of the balance due, and Design Academy filed a complaint against her to collect it. Albiston failed to answer the complaint or make an appearance, and Design Academy obtained a default judgment from which Albiston did not appeal.[1]

         ¶3 Albiston did not make any payments on the judgment. Two years after entry of the judgment, Design Academy filed a motion in the district court, requesting that, under section 511 of the Financial Responsibility of Motor Vehicle Owners and Operators Act (the Act), Albiston's driver license and vehicle registration be suspended for failure to satisfy the judgment within 60 days. See Utah Code Ann. § 41-12a-511 (LexisNexis 2014). The district court denied the motion, explaining that to trigger the license and registration suspensions, the Act requires a judgment arising from the ownership, maintenance, or use of a motor vehicle and that the "suspension of a license on an unsatisfied judgment applies only to judgments obtained under [the Act]" and not to Design Academy's judgment premised on the breach of a cosmetology tuition contract. Design Academy appeals.

         ¶4 Design Academy contends that the district court erred in interpreting "judgment" as defined in subsection 103(2) of the Act. See id. § 41-12a-103(2). We review questions of statutory interpretation for correctness, giving no deference to the district court's legal conclusions. Marion Energy, Inc. v. KFJ Ranch P'ship, 2011 UT 50, ¶ 12, 267 P.3d 863.

         ¶5 Section 511 of the Act permits the suspension of a judgment debtor's driver license and vehicle registration when he or she fails to satisfy a judgment within 60 days. Utah Code Ann. § 41-12a-511(1)‒(2). The clerk of the court or the judge, "upon the written request of the judgment creditor or his attorney, " forwards a certified copy of the judgment to the Department of Public Safety "immediately after the expiration of the 60 days." Id. § 41-12a-511(1). Upon receiving a copy of the judgment, the Department of Public Safety "shall suspend the license and registration . . . of any person against whom the judgment was rendered." Id. § 41-12a-511(2). The Act defines a "judgment" as

         any judgment that is final by:

(a)expiration without appeal of the time within which an appeal might have been perfected; or
(b)final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:
(i) arising out of the ownership, maintenance, or use of any motor vehicle . . ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.