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MACHOCK v. FINK

No. 20030301-CA.

101 P.3d 404 (2004)

2004 UT App 376

Joseph MACHOCK, Plaintiff and Appellee, v. Carl William FINK, Defendant, Third-Party Plaintiff, and Appellant, v. John Harmer, Third-party Defendant.

Court of Appeals of Utah.

October 28, 2004.

Attorney(s) appearing for the Case

R. Stephen Marshall and David W. Tufts, Durham Jones & Pinegar, Salt Lake City, for Appellant.

Paul D. Veasy and Angie Nelson, Parsons Behle & Latimer, Salt Lake City, for Appellee.

Before Judges GREENWOOD, ORME, and THORNE, Jr.

OPINION

THORNE, Jr., Judge:

¶ 1 Carl William Fink brings this interlocutory appeal, challenging the trial court's denial of his summary judgment motion on Joseph Machock's claim for payment on a loan guaranty. We affirm.

BACKGROUND

¶ 2 The facts relevant to this appeal are not in dispute. In 1998, John Harmer executed a $150,000 promissory note (the Note) to Joseph Machock in exchange for a loan. The debt was secured by a duly...

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