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CHARLIE BROWN CONST. v. LEISURE SPORTS

No. 860119-CA.

740 P.2d 1368 (1987)

CHARLIE BROWN CONSTRUCTION CO., INC., a Nevada Corporation, Charlie Brown and Carma Brown, Plaintiffs and Appellants, v. LEISURE SPORTS INCORPORATED, a Nevada Corporation, West Village Unit No. One, Mt. Holly Recreation Community, Conrad H. Koning, and Amy J. Koning, Defendants and Respondents.

Court of Appeals of Utah.

August 17, 1987.

Attorney(s) appearing for the Case

Jackson Howard, Leslie W. Slaugh, Provo, for appellants.

Russell J. Gallian, Gallian, Drake & Westfall, St. George, for respondents.

Before JACKSON, BENCH and ORME, JJ.

OPINION

BENCH, Judge:

Plaintiffs appeal an order of the district court denying their motion to set aside the dismissal of their complaint. We affirm.

Plaintiffs are the purchasers and owners of certain lots at Mount Holly Ski Resort. Defendants are the developers of the area. On June 15, 1981, plaintiffs filed a complaint against defendants to compel completion of certain road improvements. At defendants' request, plaintiffs posted a nonresident...

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