SITTNER v. SCHRIEVER

No. 971759-CA.

22 P.3d 784 (2001)

2001 UT App 99

John C. SITTNER, Appellant, v. Karen H. SCHRIEVER, Bruce Gildea, Shirlynn Gildea, and Joy Hale, Appellees.

Court of Appeals of Utah.

March 29, 2001.


Attorney(s) appearing for the Case

L. Benson Mabey, Mabey & Coombs, LC, Salt Lake City, for Appellant.

William D. Marsh, William Patrick Morrison, Grant W.P. Morrison, Morrison & Morrison, LC, and Randall E. Grant, Grant & Grant, Salt Lake City, for Appellees.

Before Judges JACKSON, BENCH, and BILLINGS.


OPINION

JACKSON, Associate Presiding Judge:

¶ 1 John C. Sittner (Sittner) appeals the trial court's grant of summary judgment dismissing his complaint and awarding attorney fees pursuant to Utah Code Ann. § 78-27-56 (1996 & Supp.1999). We reverse.

BACKGROUND

¶ 2 On or about February 20, 1981, Appellee Joy Hale (Hale), as seller, entered into an seller financed uniform real estate contract with Bruce and Shirlynn Gildea...

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