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HERITAGE BANK & TRUST v. LANDON

No. 880128-CA.

770 P.2d 1009 (1989)

HERITAGE BANK & TRUST, Plaintiff and Appellant, v. John LANDON, Defendant and Respondent.

Court of Appeals of Utah.

February 28, 1989.

Attorney(s) appearing for the Case

John W. Lowe, Salt Lake City, for plaintiff and appellant.

Ellen Maycock, Salt Lake City, for defendant and respondent.

Before DAVIDSON, BENCH and JACKSON, JJ.

BENCH, Judge:

Plaintiff Heritage Bank & Trust (Heritage) appeals from a district court order dismissing its case with prejudice. Heritage makes several arguments on appeal, but we find dispositive the claim that the trial court erred by precluding the amendment of Heritage's complaint. We reverse and remand the case for further proceedings.

On June 11, 1984, Heritage loaned Phillip A. Rennert $100,000. In exchange, Rennert gave Heritage a promissory note...

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