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CAZARES v. COSBY

No. 20010599.

65 P.3d 1184 (2003)

2003 UT 3

Rosalind CAZARES, as personal representative of the Estate of Rosemary Cosby, Plaintiff and Appellant, v. Robert C. COSBY, Annie L. Johnson, Chase Manhattan Mortgage Company, Headlands Mortgage Company, Headlands Home Equity Loan Trust, United Security Financial and John Does 1-10, Defendants and Appellees. Headlands Mortgage Company and Headlands Home Equity Loan Trust, Third-Party Plaintiffs and Appellants, v. Linda Weir and Western Surety Company, Third-Party Defendants and Appellees.

Supreme Court of Utah.

February 14, 2003.

Attorney(s) appearing for the Case

Edward M. Garrett, James D. Garrett, Salt Lake City, for plaintiff.

J. Bruce Reading, Lisa A. Jones, William G. Wilson, Salt Lake City, for defendants Robert C. Cosby, Annie L. Johnson and United Security Financial.

John B. Wilson, Laura S. Scott, Salt Lake City, for defendant Chase Manhattan Mortgage Co.

David E. West, Salt Lake City, for defendants Headlands Mortgage Co. and Headlands Home Equity Loan Trust.

John N. Braithwaite, Robert C. Olsen, Salt Lake City, for defendants Linda Weir and Western Surety Co.

WILKINS, Justice:

¶ 1 The plaintiff, Rosalind Cazares ("Cazares"), appeals the trial court's decision to conduct a hearing, pursuant to rule 104 of the Utah Rules of Evidence, to determine the admissibility of handwriting evidence offered to prove forgery of deeds to real property. She also challenges the trial court's grant of defendants' motion to preclude the introduction of that handwriting evidence and the trial court's order of dismissal. Cazares challenges...

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