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FMA LEASING CO. v. CITIZENS BANK

No. 890220.

823 P.2d 1065 (1992)

FMA LEASING COMPANY and Alta Ridge Associates, Plaintiffs and Appellants, v. CITIZENS BANK and Ken Baxter, Defendants and Appellees. FMA LEASING COMPANY, Third-Party Plaintiff and Appellant, v. ALTA TITLE COMPANY and Fidelity National Title Insurance Company, Third-Party Defendants and Appellees.

Supreme Court of Utah.

January 10, 1992.

Attorney(s) appearing for the Case

Francis J. Carney, Stewart M. Hanson, Charles P. Sampson, Salt Lake City, for FMA Leasing Co.

Donald J. Winder, Kathy A.F. Davis, Salt Lake City, for Fidelity Nat. Title Ins.

HOWE, Chief Justice:

FMA Leasing Company appeals from a judgment in favor of Fidelity National Title Insurance Company for $50,022.15. The judgment represents attorney fees Fidelity National paid to defend the title of its insured, Alta Ridge Associates, to certain real property. FMA's liability for the fees was premised on warranties contained in the special warranty deed by which FMA had conveyed the property to Alta Ridge.

Because we do not reach the merits...

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