Kaiserman Associates, Inc. v. Francis Town
In Kaiserman Associates, Inc. v. Francis Town, 977 P.2d 462 (Utah 1998), the Court explained that while the court ordinarily prefers to decide an appeal based on the arguments presented by the litigants, there are times when it is appropriate to go beyond those arguments. See id. at 464.
The Court stated, "In our view, an overlooked . . . argument should not compel an erroneous result. We should not be forced to ignore the law just because the parties have not raised or pursued obvious arguments." Id.