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HESS v. JOHNSTON

No. 20060497-CA.

163 P.3d 747 (2007)

2007 UT App 213

Layne D. HESS, an individual, Plaintiff, Appellant, and Cross-appellee, v. Jody JOHNSTON, an individual, Defendant, Appellee, and Cross-appellant.

Court of Appeals of Utah.

Rehearing Denied July 12, 2007.

Attorney(s) appearing for the Case

Paxton R. Guymon and Joel T. Zenger, Salt Lake City, for Appellant and Cross-appellee.

David W. Scofield, Salt Lake City, for Appellee and Cross-appellant.

Before Judges DAVIS, McHUGH, and ORME.

OPINION

McHUGH, Judge:

¶ 1 Plaintiff Layne D. Hess appeals the trial court's order dismissing his complaint, with prejudice, for failure to state a claim upon which relief can be granted, see Utah R. Civ. P. 12(b)(6). Defendant Jody Johnston cross-appeals, arguing that the trial court committed error when it denied her motion for sanctions under rule 11 of the Utah Rules of Civil Procedure, see Utah R. Civ. P. 11. We affirm.

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