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Campbell12/13/2001
(For Official Publication)
Third District, Salt Lake Department The Honorable Ronald E. Nehring
Appellant Janice Debry appeals from the trial court's order denying her motion for an extension of time, pursuant to rule 56(f) of the Utah Rules of Civil Procedure, and granting Campbell Maack & Sessions's (CMS) Motion for Summary Judgment on all claims. We affirm.
BACKGROUND
In January 1994, following four years of marriage, Debry retained CMS to represent her in a divorce action. While Debry and CMS executed no written contract concerning the price of CMS's services, Debry orally agreed to pay CMS in accordance with its regular hourly rate, which Debry understood to be $185.00 per hour, plus expenses.
In August 1996, the trial court entered the final divorce decree, awarding Debry $5,000.00 per month in alimony and marital assets valued at $652,847.00. The trial court also ordered the marital home sold and the resulting proceeds equally distributed. For their services, CMS's charged Debry a total of $118,394.31, which Debry asserted to both the trial court and to a previous panel of this court was reasonable.
In September 1996, CMS filed suit for breach of contract seeking to enforce its agreement with Debry. Debry responded to the complaint first with a pro se answer, then with a verified counterclaim asserting that CMS had committed legal malpractice during the course of her divorce proceedings. Debry later amended her counterclaim, replacing her verified pleading with an unverified pleading. The trial court subsequently ordered the parties to complete all discovery by May 28, 1999, and also ordered that all dispositive motions be submitted by that date. On May 28, 1999, CMS filed a motion for summary judgment seeking dismissal of Debry's counterclaim, as well as judgment in favor of its breach of contract claim. Debry responded with a motion for additional time, pursuant to Rule 56(f), but filed neither a response to CMS's summary judgment motion nor an affidavit setting out the existence of genuine issues of material fact.
On August 12, 1999, the trial court denied Debry's motion for an extension of time and granted CMS summary judgment on all claims. Debry now appeals.
ISSUES AND STANDARDS OF REVIEW
Debry first argues that the trial court erroneously denied her motion for an extension of time to respond to CMS's summary judgment motion. " e review a trial court's decision to grant or deny a rule 56(f) motion under the abuse of discretion standard. 'Under this standard, we will not reverse unless the decision exceeds the limits of reasonability.'" Crossland Sav. v. Hatch, 877 P.2d 1241, 1243 (Utah 1994) (citation omitted).
Debry next argues that the trial court's order granting CMS summary judgment dismissing her counterclaim for legal malpractice was improper. "Summary judgment is appropriate only when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." SME Indus., Inc. v. Thompson, Ventulett, Stainback & Assocs., Inc., 2001 UT 54, , 28 P.3d 669.
Debry further argues that the trial court erred in granting CMS summary judgment on its breach of contract claim. "On appeal from a grant of summary judgment, this court applies the same standard as that applied by the trial court. Accordingly, this court reviews the trial court's decision for correctness." Brighton Corp. v. Ward, 2001 UT App 236, , 31 P.3d 594 (internal quotations and citations omitted).
ANALYSIS
Debry argues that the trial court abused its discretion in denying her motion for
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