CENTRAL UTAH WATER CONSERVANCY v. KING

No. 20110618.

297 P.3d 619 (2013)

2013 UT 13

CENTRAL UTAH WATER CONSERVANCY DISTRICT, Plaintiff and Respondent, v. Shane KING, Defendant and Petitioner.

Supreme Court of Utah.

March 8, 2013.


Attorney(s) appearing for the Case

Perrin R. Love , Wendy Bowden Crowther , Joseph D. Kesler , Salt Lake City, for respondent.

Robert G. Cummings , Gordon A. Madsen , Salt Lake City, for petitioner.

Justice PARRISH authored the opinion of the Court, in which Chief Justice DURRANT, Associate Chief Justice NEHRING, Justice DURHAM, and Justice LEE joined.


Justice PARRISH, opinion of the Court:

INTRODUCTION

¶ 1 This case presents the issue of whether petitioner, Shane King, properly appealed after the district court entered an order denying his motion for a new trial. The court of appeals dismissed Mr. King's appeal based on lack of appellate jurisdiction. It held that under rule 7(f)(2) of the Utah Rules of Civil Procedure and our decision in Giusti v. Sterling Wentworth Corp., 2009 UT 2,

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