LEVANGER v. HIGHLAND ESTATES PROPERTIES OWNERS ASSOCIATION

No. 20020090-CA.

80 P.3d 569 (2003)

2003 UT App 377

Jean LeVANGER and Rebecca LeVanger, Plaintiffs and Appellees, v. HIGHLAND ESTATES PROPERTIES OWNERS ASSOCIATION, INC.; et al., Defendants and Appellant.

Court of Appeals of Utah.

November 6, 2003.


Attorney(s) appearing for the Case

Paul M. Belnap and Andrew D. Wright, Strong & Hanni, Salt Lake City, for Appellant.

E. Jay Sheen, Robinson & Sheen, LLC, South Jordan, for Appellees.

Before Judges JACKSON, BENCH, and DAVIS.


OPINION

DAVIS, Judge:

¶ 1 Highland Estates Properties Owners Association, Inc. (Highland Estates) appeals a trial court order granting Jean and Rebecca LeVanger (the LeVangers) attorney fees and costs. We reverse and remand.

BACKGROUND

¶ 2 The LeVangers are homeowners and members of Highland Estates. On January 21, 1997, the LeVangers filed a derivative action under rule 23.1 of the Utah Rules of Civil Procedure against Highland...

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