Holden v. N L Industries, Inc
In Holden v. N L Industries, Inc., 629 P.2d 428 (Utah 1981), the court examined Article VIII, section 4, of the Utah Constitution, 11 which at the time of the court's decision was comparable to 1 CMC 3102 and Article IV, section 3 of our own constitution.
The critical language in the Utah constitution provided that "in other cases the Supreme Court shall have appellate jurisdiction only . . . ." Utah Const. art. 8, 4.
As the Utah Supreme Court recognized in Holden, "the comparable provision in most state constitutions omits the word only." 629 P.2d at 430.
The court continued its analysis, stating, "in the absence of that negative, the constitutional conferral of appellate jurisdiction would be susceptible to the construction that the court's jurisdiction could be enlarged by an exercise of legislative or judicial power, by law or by court rule." Id.