(concurring in part and dissenting in part):
$25 We concur with the portion of Judge McHugh's opinion regarding the invalidity of the Centennial REPC and holding that the notice of interest was a wrongful lien. However, we disagree with her determination that service of the request to release the wrongful lien was ineffective and that Vanessa is therefore not entitled to treble damages, attorney fees, and costs.
126 Service of the request for the release of the notice of interest on Centennial's counsel was appropriate for several reasons. First, this action was already pending when the request was served and was not commenced by a petition to nullify the lien under the provisions of Utah Code section 38-9-7(1)(8) as was the situation in Paar v. Stubbs, 2005 UT App 310, 117 P.3d 1079. See id. at 12. Second, Centennial is a corporate entity, not an individual as was the case in Paar. See id. at I 1. Third, Centennial was represented by counsel of record in the pending action, as corporate entities must be. See Tracy-Burke Assocs. v. Department of Employment Sec., 699 P.2d 687, 688 (Utah 1985). Fourth, the wrongful lien proceedings were conducted by motion in the context of the ongoing proceeding. And fifth, the language of rule 5 of the Utah Rules of Civil Procedure respecting service upon a party represented by an attorney is mandatory and applies to service both required and permitted under the rules. See Utah R. Civ. P. 5(b)(1). Thus, service of the request to release the lien on Centennial's counsel was sufficient, and Vanessa is therefore entitled to treble damages, costs, and attorney fees. See Utah Code Ann. § 88-9-4(2) (Supp. 2007.7
[ 27 In sum, the undisputed facts support the conclusion that Centennial and Brook intended the Centennial REPC to convey the joint interest of Brook and Vanessa in the Herriman Property. Under the Utah statute of frauds, the signatures of each joint owner of the Herriman Property were necessary to make the Centennial REPC enforceable. Because Vanessa never executed that document, the trial court was correct in granting summary judgment in favor of Vanessa on the breach of contract claim. The notice of interest filed by Centennial was a wrongful lien, and the demand to remove it was effective. Therefore, Vanessa is entitled to treble damages, costs, and attorney fees as provided by section 88-9-4(2) of the wrongful lien statute.
28 Given our unanimity on Sections I and II, and our majority on the remaining issues, we affirm the trial court.
29 I CONCUR: PAMELA T. GREENWOOD, Associate Presiding Judge.
. Centennial also contends that the amount of attorney fees awarded to Vanessa was excessive. Because Centennial challenged only the basis for an award of attorney fees before the trial court, we will not consider its argument concerning the amount of fees for the first time on appeal. See Tindley v. Salt Lake City Sch. Dist., 2005 UT 30, 10 n. 2, 116 P.3d 295 (" 'With limited exceptions, the practice of this court has been to decline consideration of issues raised for the first time on appeal.'" (quoting Espinal v. Salt Lake City Bd. of Educ., 797 P.2d 412, 413 (Utah 1990))).