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YUANZONG FU v. RHODES

No. 20110081-CA.

304 P.3d 80 (2013)

2013 UT App 120

YUANZONG FU, Plaintiff and Appellee, v. Clyde RHODES, Joseph Naso, and Rene Naso Evans, Defendants and Appellants.

Court of Appeals of Utah.

May 16, 2013.

Attorney(s) appearing for the Case

Randy B. Birch , Heber City, for Appellants.

David J. Hodgson , Midvale, for Appellee.

Judge JAMES Z. DAVIS authored this Opinion, in which Judge STEPHEN L. ROTH concurred. Judge CAROLYN B. McHUGH concurred in part and dissented in part, with opinion.

Opinion

DAVIS, Judge:

¶ 1 Clyde Rhodes, Joseph Naso, and Rene Naso Evans (collectively, Defendants) appeal from an Order and Judgment, claiming that the trial court abused its discretion by striking their Answer and entering judgment against them as a discovery sanction pursuant to rule 37 of the Utah Rules of Civil Procedure. See Utah R. Civ. P. 37(e)(2). In the alternative, Defendants contend that even if the sanction was otherwise appropriate...

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