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Schmidt v. Schmidt. Filed August 26, 1999
IN THE UTAH COURT OF APPEALS
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John David Schmidt,
Plaintiff and Appellee,

v.
Darlene J. Schmidt,
Defendant and Appellant.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 990447-CA

F I L E D
August 26, 1999


Third District, Salt Lake Department The Honorable William B. Bohling
Attorneys: Darlene J. Schmidt, Salt Lake City, Appellant Pro Se John David Schmidt, Salt Lake City, Appellee Pro Se
Before Judges Wilkins, Billings, and Jackson.
PER CURIAM:
Ms. Schmidt appeals the trial court's April 30, 1999, ruling whereby it denied her motion to stay writ of execution because no writ of execution has been sought by Mr. Schmidt. We affirm.
Ms. Schmidt makes numerous assertions about events dating back to the parties' divorce in 1982, but these issues are not properly before this court. The only issue before us is the April 30, 1999, ruling and Ms. Schmidt fails to support her assertion that the trial court should be reversed. Our independent review of the record leads us to conclude that the trial court's decision is correct and that Ms. Schmidt's appeal is without merit.
Accordingly, the trial court is affirmed and Mr. Schmidt is awarded his fees and costs on appeal because Ms. Schmidt's appeal is frivolous. See Utah R. App. P. 33. The matter is remanded to the trial court for a determination of fees and costs.
Michael J. Wilkins, Presiding Judge
file:///C|/Users/Peter/Desktop/Opinions/schmidt.htm[5/10/2013 7:03:01 PM]
Schmidt v. Schmidt. Filed August 26, 1999
Judith M. Billings, Judge
Norman H. Jackson, Judge
file:///C|/Users/Peter/Desktop/Opinions/schmidt.htm[5/10/2013 7:03:01 PM]

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