Von Hake v. Thomas

In Von Hake v. Thomas, 858 P.2d 193 (Utah Ct. App. 1993), the court of appeals dismissed the appeal of a litigant who had been adjudged in contempt by the trial court for failure to comply with discovery orders and the use of "improper and dilatory tactics to frustrate trial court orders and to avoid appearing in court." Id. at 193-94. The court determined that because the appellant was currently serving a five-year term of imprisonment in California for tax fraud, "a provisional dismissal, conditioned upon his failure to physically present himself to the trial court within thirty days, would be an exercise in futility." Id. at 197. Therefore, the court "dispensed with the formality of a thirty-day grace period" and dismissed the appeal outright. Id.