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VERDI ENERGY GROUP, INC. v. NELSON

No. 20130013-CA.

326 P.3d 104 (2014)

2014 UT App 101

VERDI ENERGY GROUP, INC., Plaintiff and Appellant, v. Greg NELSON and Brigham Lundahl, Defendants and Appellees.

Court of Appeals of Utah.

May 1, 2014.

Attorney(s) appearing for the Case

Justin D. Heideman and R. Brett Evanson , for Appellant.

James E. Slemboski and Daniel J. Tobler , for Appellees.

Judge STEPHEN L. ROTH authored this Opinion, in which Judges JAMES Z. DAVIS and MICHELE M. CHRISTIANSEN concurred.

Opinion

ROTH, Judge:

¶ 1 Verdi Energy Group, Inc. (Verdi) appeals from the district court's decisions to grant summary judgment in favor of Greg Nelson and Brigham Lundahl and to award Nelson and Lundahl their attorney fees. We affirm the summary judgment decision but reverse and vacate the award of attorney fees.

BACKGROUND1

¶ 2 Nelson, Lundahl, and their wives owned real property containing a hydrothermal...

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