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BMBT, LLC v. MILLER

No. 20130272-CA.

322 P.3d 1172 (2014)

2014 UT App 64

BMBT, LLC, Plaintiff and Appellant, v. Christopher L. MILLER; Gae O. Miller; Secure Mechanical, Inc.; and Alii, LLC, Defendants and Appellees.

Court of Appeals of Utah.

March 20, 2014.

Attorney(s) appearing for the Case

Randall T. Todd and Blake S. Atkin , Salt Lake City, Attorneys for Appellant.

Stanley S. Adams , Salt Lake City, Attorney for Appellees.

Christopher L. Miller and Gae O. Miller , Harold L. Reiser , Salt Lake City, and Victor P. Copeland , Salt Lake City, Attorneys for Appellee Secure Mechanical, Inc.

Marc L. Turman , Salt Lake City, Attorney for Appellee Alii, LLC.

Judge JAMES Z. DAVIS authored this Memorandum Decision, in which Judge JOHN A. PEARCE concurred. Judge J. FREDERIC VOROS JR. dissented, with opinion.

Memorandum Decision

DAVIS, Judge:

¶ 1 BMBT, LLC challenges the trial court's ruling granting Defendants' rule 12(b)(6) motion to dismiss for failure to state a claim. See Utah R. Civ. P. 12(b)(6). We affirm.

¶ 2 On December 1, 2003, Defendants Christopher L. Miller and Gae O. Miller executed a promissory note (the Note) in favor of BMBT as consideration for a $60,000 loan. As security for the loan, the Millers granted BMBT a "security...

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