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RJW MEDIA, INC. v. CIT GROUP/CONSUMER FINANCE, INC.

No. 20070423-CA.

202 P.3d 291 (2008)

2008 UT App 476

RJW MEDIA, INC., a Texas corporation, Plaintiff, Appellant, and Cross-appellee, v. The CIT GROUP/CONSUMER FINANCE, INC.; Westland Title Insurance Agency, Inc., dba Lincoln Title Insurance Agency; and First Southwestern Title Agency of Utah, Inc., Defendants, Appellees, and Cross-appellants.

Court of Appeals of Utah.

December 26, 2008.

Attorney(s) appearing for the Case

Joseph E. Wrona, Bastiaan K. Coebergh, and Tyler S. Foutz, Park City, for Appellant and Cross-appellee.

Dana T. Farmer, Ogden; and Mark S. Middlemas, South Jordan, for Appellees and Cross-appellants.

Before Judges THORNE, BENCH, and DAVIS.

OPINION

THORNE, Associate Presiding Judge:

¶1 RJW Media, Inc. (RJW) appeals the trial court's grant of summary judgment in favor of First Southwestern Title Agency of Utah, Inc. (FSWT) and dismissal of RJW's breach of duty claim. RJW argues that the court erred in that FSWT breached its duty as trustee to RJW by recording a Notice of Cancellation at the instruction of a former beneficiary without obtaining authorization from RJW and without ensuring...

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