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DISHINGER v. POTTER

No. 20000081-CA.

47 P.3d 76 (2001)

2001 UT App 209

James DISHINGER and Nancy Dishinger dba TCBY Yogurt, Plaintiffs, Appellants, and Cross-appellees, v. Jana POTTER dba Silver Queen Hotel, Defendant, Appellee, and Cross-appellant.

Court of Appeals of Utah.

Rehearing Denied July 16, 2001.

Attorney(s) appearing for the Case

Dwayne A. Vance and David B. Thompson, Park City, for Appellants.

Robert M. Felton, Salt Lake City, for Appellee.

Before Judges BILLINGS, ORME, and THORNE.

OPINION

BILLINGS, Judge:

¶ 1 Plaintiffs James and Nancy Dishinger dba TCBY Yogurt (the Dishingers) appeal the trial court's judgment finding them in unlawful detainer. Defendant Jana Potter dba Silver Queen Hotel (Potter) cross-appeals the trial court's refusal to instruct the jury on the meaning of "prevailing rate" and its failure to award her administrative, late, and attorney fees. We reverse and remand.

BACKGROUND

¶ 2 In...

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