PAVONI v. NIELSEN

No. 990179-CA.

999 P.2d 595 (2000)

2000 Utah Ct. App. 74

Justin F. PAVONI and Kimberly A. Pavoni, individuals, Plaintiffs and Appellants, v. C. Michael NIELSEN, an individual; and Does 1 through 10, inclusive, Defendants and Appellees.

Court of Appeals of Utah.

March 16, 2000.


Attorney(s) appearing for the Case

Alan L. Sullivan and David N. Wolf, Snell & Wilmer, Salt Lake City, and Richard A. Schneider, King & Spalding, Atlanta, Georgia, for Appellants.

Thomas R. Karrenberg, Jon V. Harper, and Victoria Coombs Bushnell, Anderson & Karrenberg, Salt Lake City, for Appellees.

Before GREENWOOD, P.J., BILLINGS, J., and GARFF, S.J.


OPINION

BILLINGS, Judge:

¶ 1 Justin and Kimberly Pavoni appeal the trial court's grant of a directed verdict in favor of defendant Michael Nielsen, and the resulting attorney fee award to Nielsen as the prevailing party under an indemnity agreement. We reverse and remand.

BACKGROUND

¶ 2 On review of a directed verdict, "we `examine the evidence in the light most favorable to the losing party.'" Fibro Trust, Inc. v. Brahman...

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