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STATE FARM & CASUALTY CO. v. SUNDANCE DEVELOPMENT CORP.

No. 20020842-CA.

78 P.3d 995 (2003)

2003 UT App 367

STATE FARM FIRE & CASUALTY COMPANY, Plaintiff and Appellant, v. SUNDANCE DEVELOPMENT CORPORATION, a Utah corporation; Sundance Enterprises, Inc., a Utah corporation; and John Does I-X, Defendants and Appellees.

Court of Appeals of Utah.

Rehearing Denied November 7, 2003.

Attorney(s) appearing for the Case

Byron G. Martin and Paul M. Belnap, Strong & Hanni, Salt Lake City, for Appellant.

Jay D. Gurmankin, Holme, Roberts & Owen, LLP, Stephen R. Waldron, Peggy A. Tomsic, Joel T. Zenger, Berman, Tomsic & Savage, and Gainer M. Waldbillig, Clyde, Snow, Sessions & Swenson, Salt Lake City, for Appellees.

Before Judges BENCH, DAVIS, and ORME.

OPINION

DAVIS, Judge:

¶ 1 State Farm Fire and Casualty Company (State Farm), pursuant to a rule 54(b) certification of final judgment, see Utah R. Civ. P. 54(b), appeals a ruling of partial summary judgment in favor of Sundance Development Corporation and Sundance Enterprises, Inc. (collectively, Sundance). We reverse and remand.

BACKGROUND

¶ 2 Appellees, Sundance, developed property in the Sundance Resort area in Utah...

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