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PURKEY v. ROBERTS

No. 20110365-CA.

285 P.3d 1242 (2012)

2012 UT App 241

Jim PURKEY and Jan Purkey, Plaintiffs, v. Jilene ROBERTS and Kent Max Roberts, Defendants, Cross-claimants, and Appellant, v. Dr. Roger Russell, Cross-defendant and Appellee.

Court of Appeals of Utah.

August 23, 2012.

Attorney(s) appearing for the Case

Michael E. Day and Nathan Whittaker , Murray, for Appellant.

Charles W. Hanna , Orem, for Appellee.

Before Judges McHUGH, VOROS, and ROTH.

OPINION

McHUGH, Presiding Judge:

¶ 1 Jilene Roberts (Mrs. Roberts) appeals from the trial court's ruling that she waived her quiet title claim against Dr. Roger Russell, that Dr. Russell did not trespass on her property, and that she is not entitled to attorney fees. We reverse and remand.

BACKGROUND

¶ 2 Mrs. Roberts owns a parcel of property in rural Sanpete County (the Property). She...

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