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R.A. MCKELL EXCAVATING v. WELLS FARGO BANK

Nos. 20020716, 20020855.

100 P.3d 1159 (2004)

2004 UT 48

R.A. McKELL EXCAVATING, INC., a Utah corporation, Plaintiff and Appellant, v. WELLS FARGO BANK, N.A., a national banking association; Carter Construction Development, L.L.C., a Utah limited liability company, d.b.a. Carter Development, L.L.C.; The Ranches, L.C., a Utah limited liability company; and John Does 1-25, Defendants and Appellee.

Supreme Court of Utah.

Rehearing Denied October 18, 2004.

Attorney(s) appearing for the Case

Jack W. Reed, Mark S. Middlemas, Salt Lake City, for plaintiff.

J. Randall Call, James A. Boevers, Salt Lake City, for defendant.

WILKINS, Associate Chief Justice:

¶ 1 Plaintiff R.A. McKell Excavating, Inc. ("McKell") appeals the district court's grant of summary judgment to defendant Wells Fargo Bank, N.A. ("Wells Fargo" or the "Bank"). In granting the Bank's motion, the district court concluded that McKell failed to timely file its mechanic's lien foreclosure action pursuant to Utah Code section 38-1-11(1)(a). We reverse.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 In January...

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