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FIVE F, L.L.C. v. HERITAGE SAVINGS BANK

No. 20020088-CA.

81 P.3d 105 (2003)

2003 UT App 373

FIVE F, L.L.C., Plaintiff and Appellant, v. HERITAGE SAVINGS BANK, Defendant and Appellee.

Court of Appeals of Utah.

Rehearing Denied December 9, 2003.

Attorney(s) appearing for the Case

Brian W. Steffensen, Steffensen Law Office, Salt Lake City, for Appellant.

James S. Jardine, Elaina M. Maragakis, Brent D. Wride, Ray Quinney & Nebeker, and George W. Pratt, Jones Waldo Holbrook & McDonough, Salt Lake City, for Appellee.

Daniel W. Anderson, Fabian & Clendenin, Salt Lake City, for Amicus Curiae Utah Bankers Association.

Before Judges JACKSON, BENCH, and GREENWOOD.

OPINION

BENCH, Judge:

¶ 1 Five F, L.L.C. (Five F) appeals from a final judgment granting a directed verdict in favor of Heritage Savings Bank (Heritage). The trial court determined, "under the facts of [the] case and as a matter of law," that Heritage owed Five F a fiduciary duty. The court then found that, despite such a duty, Heritage could not be held liable if it fulfilled its obligations under the terms...

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