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PHOENIX INDEMN. INS. CO. v. SMITH

No. 20000769.

48 P.3d 976 (2002)

2002 UT 49

PHOENIX INDEMNITY INSURANCE COMPANY and Jason David Merrill, Plaintiffs and Appellant, v. Marlene T. SMITH, aka Marlene Yardley, and Yardley Inn, a Utah limited liability company, Defendants and Appellees.

Supreme Court of Utah.

May 10, 2002.

Attorney(s) appearing for the Case

Trent J. Waddoups, Taylor D. Carr, Salt Lake City, for Phoenix Indemnity Insurance Co.

Paul M. Belnap, Andrew D. Wright, Byron G. Martin, Salt Lake City, for defendants.

RUSSON, Justice:

¶ 1 Phoenix Indemnity Insurance Company ("Phoenix") appeals the trial court's denial of its motion for partial summary judgment made prior to stipulated settlement of the case and entry of a final order of dismissal. Marlene Smith, a.k.a. Marlene Yardley ("Yardley"), moves for summary disposition for lack of jurisdiction pursuant to rule 10(a)(1) of the Utah Rules of Appellate Procedure. We grant Yardley's motion for summary disposition and dismiss...

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