Duncan v. Fourth Judicial District Court

Utah Supreme Court February 2, 2007

Duncan v. Fourth Judicial District Court, 156 P.3d 792 (Utah 2007)

2007 UT 18; 570 Utah Adv. Rep. 74; 2007 Utah LEXIS 19; 2007 WL 286279

Atherton, Durham, Durrant, Having, Herein, Judith, Nehring, Parrish, Themselves, Wilkins

Opinion of the Court

NEHRING, Justice:

T1 This opinion pertains to two petitions brought under Utah Rule of Civil Procedure 65B. We have consolidated the two petitions because both parties ask for essentially the same relief-the vacation of the July 10, 2002 supplemental order entered in favor of Brigham Young University (BYU) and a cessation of collection activities by BYU against petitioners. In light of our holding in Brigham Young University v. Tremco Consultants, Inc., 2007 UT 17, 156 P.3d 782, the petitions are granted and the July 10, 2002 supplemental order is vacated.

I 2 Chief Justice DURHAM, Justice PARRISH, and Judge ATHERTON concur in Justice NEHRING's opinion. 83 Having disqualified themselves, Associate Chief Justice WILKINS and Justice DURRANT do not participate herein; Judge JUDITH S.H. ATHERTON sat.

Reference

Full Case Name: Kenneth W. DUNCAN KWD Associates, L.C. Lee Duncan and Julee Associates, L.C. v. FOURTH JUDICIAL DISTRICT COURT The Honorable Fred. D. Howard The Honorable Gary D. Stott Brigham Young University Tremco Consultants, Inc. Heber Valley Bank and SoftSolutions, Inc., Respondents Rannoch, L.L.C., and Carie, L.L.C. v. Fourth Judicial District Court The Honorable James R. Taylor Brigham Young University Tremco Consultants, Inc. Heber Valley Bank and Softsolutions, Inc.
Cited By: 3 cases
Status: Published