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Court of Appeals weighs mootness, tender and unwinding after post-order property conveyance
Summary
In Boyle v. Baum, the panel questioned whether a post-order conveyance without reservation and subsequent improvements by purchasers make an appeal moot and debated whether buyers failed to tender performance or seek a stay; the court took the matter under advisement.
The Utah Court of Appeals heard argument in Boyle v. Baum over whether a post-order conveyance and subsequent purchaser reliance render an appeal moot and whether the original buyers failed to tender performance required by the sale contract.
Dustin Hugeley (counsel for the appellant-defendant) told the panel that his clients were ordered by the trial court to close and that later conveyance documents and closing led to an irretrievable transaction; he argued the trial court's order was interlocutory and that seeking a stay would have been futile in the circumstances. "It would have been futile and that's what it is,"…
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