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ARBOGAST FAMILY TRUST v. RIVER CROSSINGS

No. 20080699.

238 P.3d 1035 (2010)

2010 UT 40

ARBOGAST FAMILY TRUST, Plaintiff and Respondent, v. RIVER CROSSINGS, LLC, Defendant and Petitioner.

Supreme Court of Utah.

May 14, 2010.

Attorney(s) appearing for the Case

Scott M. Lilja , Nicole M. Deforge , Salt Lake City, for plaintiff.

Tyler T. Todd , Chad J. Utley , Shawn T. Farris , St. George, for defendant.

On Certiorari to the Utah Court of Appeals

NEHRING, Justice:

INTRODUCTION

¶ 1 This case presents us with the question of what a party must do to "appear" under rule 5(a)(2)(B) of the Utah Rules of Civil Procedure. We hold that the court of appeals correctly determined that a rule 5(a)(2)(B) appearance requires a party to make a formal presentation or submission to the trial court. Because River Crossings...

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