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LUND v. HALL

No. 950248.

938 P.2d 285 (1997)

Rallet C. LUND, Plaintiff and Appellant, v. Elton W. HALL, Defendant and Appellee.

Supreme Court of Utah.

May 2, 1997.

Attorney(s) appearing for the Case

Jackson Howard and Leslie W. Slaugh, Provo, for plaintiff and appellant.1

Ray Phillips Ivie, Jeffery C. Peatross, and David N. Mortensen, Provo, for defendant and appellee.

RUSSON, Justice:

Plaintiff Rallet C. Lund appeals from a trial court order denying her motion for relief from summary judgment under rule 60(b) of the Utah Rules of Civil Procedure. In denying her motion for relief, the trial court held that Lund's complaint was filed after the statute of limitations had run on her action and further concluded that the tolling provision of section 78-12-35 of the Utah Code did not apply. We affirm.

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