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JONES v. LAYTON/OKLAND

No. 20070813.

214 P.3d 859 (2009)

2009 UT 39

Marcia Kay Neil JONES and Victor Kent Jones, joint personal representatives of the Estate of Llewellyn Stone Jones, for themselves and the other heirs of Llewellyn Stone Jones, Plaintiffs and Appellants, v. LAYTON/OKLAND, Southern Steel Company, Beneco Enterprises, Inc., DMJM, GSL Electric, Team Mechanical, Inc., and Does 1-10, Defendants and Appellee.

Supreme Court of Utah.

July 14, 2009.

Attorney(s) appearing for the Case

Rodney R. Parker, Frederick Mark Gedicks, Salt Lake City, for appellants.

Cory D. Memmott, H. Justin Hitt, Salt Lake City, for appellee.

DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 The district court entered an order granting summary judgment in favor of defendant Layton/Okland after plaintiff Llewellyn Jones's heirs ("Jones") failed to timely oppose Layton/Okland's summary judgment motion. Jones moved to vacate the summary judgment order, claiming, among other things, excusable neglect pursuant to rule 60(b) of the Utah Rules of Civil Procedure. The district court denied Jones...

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