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JUDSON v. WHEELER RV LAS VEGAS, L.L.C.

No. 20090938.

270 P.3d 456 (2012)

2012 UT 6

William JUDSON and Donna Judson, Plaintiffs and Respondents, v. WHEELER RV LAS VEGAS, L.L.C., dba Wheeler's Las Vegas RV, Defendant and Petitioner.

Supreme Court of Utah.

January 24, 2012.

Attorney(s) appearing for the Case

Gary G. Kuhlmann , Nicolas D. Turner , St. George, for plaintiffs.

Alexander Dushku , R. Shawn Gunnarson , Salt Lake City, Steven R. Bangerter , William E. Frazier , Daniel P. Wilde , St. George, for defendant.

Justice LEE, opinion of the Court:

¶ 1 Plaintiffs William and Donna Judson secured a default judgment against Wheeler RV Las Vegas on a complaint asserting breach of contract and misrepresentation claims arising out of the Judsons' purchase of a recreational vehicle from Wheeler. Wheeler sought to set aside the default judgment, asserting surprise or excusable neglect in its failure to answer the complaint, suggesting that Wheeler was the wrong party because...

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