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BONNEVILLE BILLING v. WHATLEY

No. 970148-CA.

949 P.2d 768 (1997)

BONNEVILLE BILLING, Plaintiff and Appellee, v. Rick WHATLEY and Maryam Whatley, Defendants and Appellant.

Court of Appeals of Utah.

December 4, 1997.

Attorney(s) appearing for the Case

Craig S. Cook, Salt Lake City, for Appellant.

Wilford N. Hansen Jr., Salt Lake City, for Plaintiff and Appellee.

Before DAVIS, P.J., and BILLINGS and JACKSON, JJ.

OPINION

JACKSON, Judge:

Rick Whatley, asserting the trial court lacked personal jurisdiction for deficient service of process, appeals the trial court's denial of his motion to set aside a default judgment under Rule 60(b)(5) of the Utah Rules of Civil Procedure. We reverse.

BACKGROUND

In August of 1990, Whatley's wife executed two agreements with two separate physicians to pay for medical services. In the agreements she listed her husband...

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