by Norman H. Jackson and Lisa Broderick Thornton
PREFACE TO THE THIRD EDITION: 2010/2011
This new edition of Judge Jackson’s Utah Standards of Appellate Review revises and updates two prior Utah Bar Journal articles. The first was designated as a Collector’s Issue, Vol. 7, No. 8, October 1994. The second was published as a Revised edition, Vol. 12, No. 8, October 1999. Judge Jackson discovered early in his appellate practice that there was no ready reference where the standard of review for a particular issue could be located. Thus, one of his initial acts as an appellate judge was to ask his first law clerk, Annina Mitchell, to begin compiling a summary of standards of review. In due course, that summary grew and was circulated at the appellate courts, the attorney general’s office, and appellate practice seminars. Finally, it was cited by an attorney as legal authority in an appellant’s brief at the Utah Court of Appeals. Accordingly, the first edition was compiled and published in 1994, seven years after Utah became the 37th state to have a two court appellate system. The second edition was published in 1999 and this third edition arrives over a decade later. To access the two prior articles, go to: http:// www.utahbar.org/barjournal/frequently_requested_articles.html. Lisa Thornton, Christensen Thornton, PLLC, has joined Judge Jackson as co-author of this series. Previously, she was the editor of the final draft of the first edition. The current edition will be published in a series of successive articles. However, the Outline of Contents below is the outline for the series. Thus, you should keep each article so your set will be complete. This first article provides an overview, commentary, analysis, and proceeds with text for the Outline to the end of Challenging Findings of Fact under Appeals from Trial Courts.