Keller V. Southwood North Medical Pavilion

Southwood North Medical Pavilion, Inc., and Dr. Robert L. Youngblood (collectively, "Youngblood") appeal a trial court award of treble damages against them and in favor of Dr. Clyde B. Keller. Keller brought an action against Youngblood for trespass, conversion, and interference with prospective business advantage after Youngblood removed two signs owned by Keller from a business monument. Keller also argued that Youngblood violated Utah's forcible entry statute. The trial court found that Youngblood's removal of the signs violated the forcible entry statute and awarded Keller treble damages under that statute. See Utah Code §§ 78-36-1 & -10. On appeal, Youngblood argues that the trial court erred in finding for Keller on his forcible entry claim because Keller failed to plead forcible entry in his complaint, failed to comply with the statute's requirements, and failed to bring his claim within the statute's one-year limitations period.