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LANGE v. EBY

No. 20050040-CA.

133 P.3d 451 (2006)

2006 UT App 118

Venna M. Swalsberg LANGE, Trustee of the Carl A. Swalsberg Family Trust, Plaintiff and Appellee, v. David EBY, Defendant and Appellant.

Court of Appeals of Utah.

March 23, 2006.

Attorney(s) appearing for the Case

Casey K. McGarvey and E. Scott Savage, Salt Lake City, for Appellant.

Richard D. Burbidge, Stephen B. Mitchell, and Jefferson W. Gross, Salt Lake City, for Appellee.

Before GREENWOOD, Associate P.J., DAVIS, and McHUGH, JJ.

MEMORANDUM DECISION

GREENWOOD, Associate Presiding Judge:

¶ 1 Defendant David Eby appeals the trial court's denial of his rule 60(b) motion for relief from judgment. See Utah R. Civ. P. 60(b). We affirm.

¶ 2 In the underlying case, Plaintiff Venna M. Swalsberg Lange filed an action against Eby and Geary Construction, Inc. (Geary), alleging negligence and trespass for damage to a road on her property. In June 2004, Lange and Geary...

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