FISHER v. BYBEE

No. 20020369.

104 P.3d 1198 (2004)

2004 UT 92

Darwin C. FISHER and Cheryl Rae Fisher, husband and wife, Plaintiffs, Appellees, and Cross-Appellants, v. G. Evan BYBEE, Dennis Gay, individually, and Summerhawk, Inc., dba Citioil, Defendants, Appellants, and Cross-Appellees.

Supreme Court of Utah.

November 5, 2004.


Attorney(s) appearing for the Case

Darwin C. Fisher, Provo, for plaintiffs.

Richard R. Harrington, James K. Haslam, Provo, for G. Evan Bybee, Dennis Gay and Summerhawk, Inc., both pro se.


NEHRING, Justice:

¶ 1 In this appeal we are asked to decide whether the trial court exceeded its authority when it held that Utah Rule of Civil Procedure 60(b)(1) could not be used to set aside a judgment that may have been based on a mistaken application of law. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 The defendants, Mr. Evan Bybee and others, entered into a contract with the Fishers to purchase a car wash business. Later, the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases