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MARK TECHNOLOGIES v. UTAH RESOURCES INTERN.

No. 20041103-CA.

147 P.3d 509 (2006)

2006 UT App 418

MARK TECHNOLOGIES CORP., a California corporation; and Mark Jones, Plaintiffs and Appellants, v. UTAH RESOURCES INTERNATIONAL, INC., a Utah corporation; and John Fife, David Fife, Lyle D. Hurd Jr., and Gerry Brown, individuals, Defendants and Appellees.

Court of Appeals of Utah.

October 13, 2006.

Attorney(s) appearing for the Case

Reid W. Lambert and Anthony M. Grover, Woodbury & Kesler, Salt Lake City, for Appellants.

Rebecca S. Parr and Rod N. Andreason, Howrey LLP, Salt Lake City, and Craig M. White and Lucy C. Lisiecki, Wildman Harrold Allen & Dixon, Chicago, Illinois, for Appellees.

Before Judges BENCH, McHUGH, and THORNE.

OPINION

McHUGH, Judge:

¶ 1 Mark Technologies Corporation and Mark Jones (collectively, Mark) challenge the trial court's finding that Mark failed to prove that Utah Resources International, Inc. (URI), John Fife, David Fife, Lyle D. Hurd Jr., and Gerry Brown (collectively, the Fife Parties) breached a "best efforts" clause contained in a settlement agreement between the parties. Mark also challenges the award of attorney fees to the Fife Parties. We...

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