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KURTH v. WIARDA

No. 981582-CA.

981 P.2d 417 (1999)

1999 UT App 153

Robert KURTH and Laura Kurth, individually and as trustees of the Kurth Revocable Trust, Plaintiffs and Appellees, v. Daniel R. WIARDA and Carolyn Wiarda, individually; and Lonetree Services, Inc., a Utah corporation dba Lonetree Log Homes, Defendants and Appellants.

Court of Appeals of Utah.

May 6, 1999.

Attorney(s) appearing for the Case

J. Bryan Jackson, Cedar City, for Appellants.

Robert O. Kurth, Kurth & Associates, Las Vegas, Nevada, for Appellees.

Before GREENWOOD, Assoc. P.J., and DAVIS and JACKSON, JJ.

OPINION

PER CURIAM:

¶ 1 This matter is before the court on appellees' motion to dismiss and on the court's sua sponte motion for summary disposition. For the reasons set forth below, we deny the appellees' motion and withdraw the court's motion.

BACKGROUND

¶ 2 Following an extensive trial in this matter, a jury returned a verdict awarding damages against the defendant Lonetree Services, Inc. ("Lonetree"). Shortly thereafter but...

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