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GILDEA v. GUARDIAN TITLE CO. OF UTAH

No. 970500.

970 P.2d 1265 (1998)

Bruce GILDEA and Shirlynn Gildea, Plaintiffs and Appellants, v. GUARDIAN TITLE COMPANY OF UTAH, Murphy, Tolboe & Mabey, a professional law partnership, L. Benson Mabey, Randall N. Day, and John C. Sittner, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied January 13, 1999.

Attorney(s) appearing for the Case

William D. Marsh, Salt Lake City, for plaintiffs.

Stephen B. Mitchell, Salt Lake City, for Guardian Title Co. and Day.

L. Benson Mabey, Salt Lake City, for Mabey and Sittner.

RUSSON, Justice:

INTRODUCTION

Bruce and Shirlynn Gildea appeal from a summary judgment dismissing their causes of action against the above-named defendants. The Gildeas sued John C. Sittner for filing, in bad faith, a lawsuit against them to foreclose a judgment lien against their real property when Sittner had already received a monetary award for the lien as his share of the distribution to creditors in Mr. Gildea's bankruptcy. The Gildeas, in the same...

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