ROSAS v. EYRE

No. 20020898-CA.

82 P.3d 185 (2003)

2003 UT App 414

Myrta ROSAS, as the natural mother of Alvaro Estrada, a minor, Plaintiff, v. Gary M. EYRE, father and natural guardian of Gary Elliott Eyre, a minor; Gary Elliott Eyre, individually; and Does I-X, Defendants, Third-Party Plaintiffs, and Appellants, v. Milbank Insurance and Does I-X, Third-Party Defendants and Appellee.

Court of Appeals of Utah.

November 28, 2003.


Attorney(s) appearing for the Case

Robert B. Breeze, Salt Lake City, for Appellants.

Roger H. Bullock and James D. Franckowiak, Strong & Hanni, Salt Lake City, for Appellee.

Before Judges DAVIS, GREENWOOD, and THORNE, Jr.


OPINION

GREENWOOD, Judge:

¶ 1 Gary E. Eyre, defendant and third-party plaintiff, appeals from the trial court's grant of summary judgment in favor of third-party defendant, Milbank Insurance (Milbank). Eyre argues the trial court erred when it concluded that Milbank had no duty to defend a lawsuit filed against Eyre by plaintiff, Myrta Rosas. Milbank argues that this court does not have jurisdiction to hear this appeal because Eyre failed to timely...

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