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DEER CREST v. SILVER CREEK

No. 20090108-CA.

222 P.3d 1184 (2009)

2009 UT App 356

DEER CREST ASSOCIATES I, LC, Plaintiff and Appellant, v. SILVER CREEK DEVELOPMENT GROUP, LLC, Defendant and Appellee.

Court of Appeals of Utah.

December 3, 2009.

Attorney(s) appearing for the Case

Eric G. Easterly, Park City, for Appellant.

Evan A. Schmutz and Andrew V. Wright, Provo, for Appellee.

Before Judges BENCH, DAVIS, and THORNE.

OPINION

DAVIS, Judge:

¶ 1 Deer Crest Associates I, LC (Deer Crest) appeals from the district court's dismissal of its complaint with prejudice. The district court determined that Deer Crest had waived any right to seek a judicial remedy because (1) Deer Crest failed to timely file a demand for arbitration, which failure resulted in the dismissal of the arbitration claim, and (2) the parties knowingly and intentionally agreed to submit any claim or dispute...

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