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FIRST SOUTHWESTERN FINANCIAL v. SESSIONS

No. 930364.

875 P.2d 553 (1994)

FIRST SOUTHWESTERN FINANCIAL SERVICES, fka L.C. Investment, dba LKO Financial Services, Plaintiff and Appellant, v. Ronald C. SESSIONS, Donna J. Sessions, and Scott Sessions, Defendants and Appellees.

Supreme Court of Utah.

May 19, 1994.

Attorney(s) appearing for the Case

Mark S. Swan, Mark E. Medcalf, Salt Lake City, for plaintiff.

J. Scott Buehler, Ogden, for defendants.

DURHAM, Justice:

First Southwestern Financial Services ("FSFS") appeals from two district court orders awarding Ronald, Scott, and Donna Sessions (the "Sessions") costs and reasonable attorney fees based upon the court's conclusion that the Sessions were "the prevailing party" under section 57-1-32 of the Utah Code. We reverse and remand for proceedings in accord with this opinion.

The material facts are not in dispute. In 1983, the Sessions jointly executed...

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