Gardner v. Bd. of County Comm'rs
In Gardner v. Bd. of County Comm'rs, 2008 UT 6, 178 P.3d 893, the district court issued a decision on cross-motions for summary judgment, which disposed of all but four issues. Id.
The county then moved for summary judgment on the remaining issues, and counsel for the opposing landowners asked the court to rule against his clients. Id.
The court acquiesced by granting the County's motion for summary judgment, thereby dismissing with prejudice the remaining claims. Id.
The Court held that counsel's acquiescence in the dismissal of the four issues constituted a waiver of the right to appeal those issues. Id.