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KELLY v. HARD MONEY FUNDING, INC.

No. 20020854-CA.

87 P.3d 734 (2004)

2004 UT App 44

Barry KELLY, individually and in the right of Wapiti Heights, L.L.C., a Utah limited liability company, Plaintiff and Appellant, v. HARD MONEY FUNDING, INC., a Utah corporation; each assignee of a beneficial interest of a certain trust deed; Gary A. Weston, as trustee under a certain trust deed; M.V.I.; JJ Associates; and V.C.I., Defendants and Appellees.

Court of Appeals of Utah.

March 4, 2004.

Attorney(s) appearing for the Case

Blake S. Atkin and Lonn Litchfield, Atkin & Hawkins, Salt Lake City, for Appellant.

Angela Oakes and Gary A. Weston, Nielsen & Senior PC, Salt Lake City, for Appellees.

Before Judges BENCH, DAVIS, and JACKSON.

OPINION

JACKSON, Judge:

¶ 1 Barry Kelly (Kelly) appeals the orders of the trial court denying his motion to amend his complaint and granting summary judgment to Hard Money Funding, Inc. (Hard Money). We affirm in part and reverse and remand in part.

BACKGROUND

¶ 2 Wapiti Heights, L.L.C. (Wapiti) was a Utah limited liability company with Barry Kelly (Kelly), Richard McDonald (McDonald), and Inger Winsor (Winsor) as its members...

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