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U-M INVESTMENTS v. RAY

No. 19121.

701 P.2d 1061 (1985)

U-M INVESTMENTS, a Utah ltd. partnership, Plaintiff, v. Dale V. RAY, et al., and Terrell L. Bird and Janet L. Bird, his wife, Defendants, Cross-Claimants and Appellants, v. ROCKY MOUNTAIN TITLE AND ABSTRACT COMPANY, a Utah corporation, Douglas W. Church and Franklin H. Butterfield, Third-Party Defendants, v. Ross A. RAY and Perry Ray, Cross-Defendants and Respondents.

Supreme Court of Utah.

May 30, 1985.

Attorney(s) appearing for the Case

LaMar J. Winward, St. George, for respondents.

Michael W. Park, Cedar City, for defendants Ray, Hansen, Randall and Bergstrom.

Hans Q. Chamberlain, Cedar City, for defendant Thorle.

David M. Crosby, Orem, for third-party defendant Rocky-Mountain Title and Church.

Cullin Y. Christensen, Provo, for third party defendant Butterfield.

James P. Cowley, Salt Lake City, for plaintiff.

David C. West, Armstrong, Rawlings & West, Salt Lake City, for Birds.

LEONARD RUSSON, District Judge:

This case is before us on appeal from the trial court's dismissal of appellants' motion for entry of judgment against respondents, who are sureties on a supersedeas bond. Appellants assert that the trial court erred in failing to enter judgment on the bond against respondents for the full amount of the underlying judgment secured by the bond. We agree and reverse.

Appellants obtained a $128,000 judgment against Ray and Bergstrom...

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