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STATE v. ALL REAL PROPERTY AT 736 N. COLO. ST.

No. 20040734.

127 P.3d 693 (2005)

2005 UT 90

STATE of Utah, Plaintiff and Respondent, v. ALL REAL PROPERTY, RESIDENCE & APPURTENANCES Located at 736 North Colorado Street, Salt Lake City, Utah 84116, Defendant. Bruce Petersen, Petitioner.

Supreme Court of Utah.

December 16, 2005.

Attorney(s) appearing for the Case

Steven B. Wall, Salt Lake City, for petitioner.

David E. Yocom, Clark Harms, Chad L. Platt, Salt Lake City, for respondent.

On Certiorari to the Utah Court of Appeals

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case, we must determine whether Bruce Petersen is barred from raising a defense based on insufficient service of a complaint. Both the district court and the court of appeals determined that Petersen waived the right to raise that defense in his second rule 60(b) motion because he did not raise it in his first rule 60(b) motion. We affirm.

BACKGROUND...

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