HENTSCH HENCHOZ & CIE v. GUBBAY

No. 20020683.

97 P.3d 1283 (2004)

2004 UT 64

HENTSCH HENCHOZ & CIE, Plaintiff and Appellee, v. Philippe D. David GUBBAY; Capital Suisse, S.A.; Capital Suisse Securities, Inc.; Capital Suisse, Inc.; Zooley Services Limited; Zooley of Utah, Inc.; Fernland Limited; Douglas P. Hoyt; and John Does 1-10, Defendants and Appellants.

Supreme Court of Utah.

August 6, 2004.


Attorney(s) appearing for the Case

Neil A. Kaplan, Perrin R. Love, Walter A. Romney, Jr., Salt Lake City, for plaintiff.

Brent O. Hatch, Mark H. Richards, Salt Lake City, for defendants.


DURRANT, Justice:

¶ 1 Appellants contest the district court's denial of their motion to dismiss, arguing that venue is not proper in Utah due to a forum selection clause that provides for all actions to be brought in the British Virgin Islands. In light of appellants' wilful defiance of the district court's orders below, we refuse to consider the merits of the appeal at this time. Instead, we will stay the appeal in order to allow appellants time in which to...

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