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COLONIAL BLDG. SUPPLY v. CONST. ASSOCIATES

No. 20100463-CA.

257 P.3d 435 (2011)

2011 UT App 149

COLONIAL BUILDING SUPPLY, LLC, Plaintiff, v. CONSTRUCTION ASSOCIATES, INC., dba KRT Drywall; Bud Bailey Construction, Inc.; Layton Pointe, LC; and John Does 1-10, Defendants. Bud Bailey Construction, Inc., Cross-claimant, Third-party Plaintiff, and Appellee, v. Construction Associates, Inc., separately and dba KRT Drywall; and William Kim Pitcher, Cross-claim Defendants and Third-party Defendant, and Cache Valley Bank, Garnishee and Appellant.

Court of Appeals of Utah.

May 12, 2011.

Attorney(s) appearing for the Case

N. George Daines , Logan, for Appellant.

Robert F. Babcock and Cody W. Wilson , Salt Lake City, for Appellee.

Before Judges DAVIS, ORME, and ROTH.

OPINION

DAVIS, Presiding Judge:

¶ 1 Cache Valley Bank (the Bank) appeals the trial court's award of $17,901.94 plus attorney fees and costs to Bud Bailey Construction, Inc., (Bud Bailey) to compensate for the Bank's failure to correctly answer a garnishment interrogatory. We reverse and remand.

BACKGROUND

¶ 2 On April 3, 2006, Bud Bailey obtained a judgment against Construction Associates, Inc., in the amount of $46,919.79. On...

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