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BURNINGHAM v. WESTGATE RESORTS, LTD.

No. 20120469-CA.

317 P.3d 445 (2013)

2013 UT App 244

Jeff BURNINGHAM, Plaintiff and Appellee, v. WESTGATE RESORTS, LTD., Defendant and Appellant.

Court of Appeals of Utah.

Rehearing Denied February 6, 2014.

Attorney(s) appearing for the Case

Troy L. Booher , Erin Bergeson Hull , Noella A. Sudbury , Michael A. Gehret , and Douglas P. Farr , for Appellant.

Jonathan O. Hafen and Mary Ann C. May , for Appellee.

Senior Judge RUSSELL W. BENCH authored this Opinion, in which Judges GREGORY K. ORME and J. FREDERIC VOROS JR. concurred.

BENCH, Senior Judge:

¶ 1 Westgate Resorts, Ltd. (Westgate) appeals from the district court's entry of summary judgment in favor of Jeff Burningham in Burningham's action for the return of $89,900 that he had paid to Westgate as a deposit on the purchase of a condominium unit. We affirm.

BACKGROUND

¶ 2 In 2006, Burningham and Westgate entered into a real estate purchase contract (the REPC) whereby...

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