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CLARK v. ARCHER

No. 20090309.

242 P.3d 758 (2010)

2010 UT 57

James D. CLARK, in his capacity as Personal Representative for the Estate of Dale D. Clark, Plaintiffs and Respondents, v. Mark B. ARCHER, and Bonneville Superior Title, Defendants and Petitioner.

Supreme Court of Utah.

October 5, 2010.

Attorney(s) appearing for the Case

Jeffery S. Williams , Jed K. Burton , Salt Lake City, for plaintiffs.

B. Ray Zoll , Micah Bruner , Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 This case involves a previous, unsuccessful petition for interlocutory appeal of a judgment certified as final under rule 54(b) of the Utah Rules of Civil Procedure. The interlocutory petition was denied by the court of appeals in 2008, and many months later, the Appellant (Mr. Archer) attempted to appeal the same issues (this time as an appeal as of right)...

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