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SMITH v. OSGUTHORPE

No. 20130037-CA.

332 P.3d 982 (2014)

2014 UT App 182

Enoch Richard SMITH, Plaintiff, v. D.A. OSGUTHORPE and D.A. Osguthorpe Family Partnership, Defendants and Appellants, and ASC Utah, Inc., Garnishee Defendant and Appellee, and Stephen A. Osguthorpe and D.A. Osguthorpe, Interpleaded Garnishee Defendants and Appellants.

Court of Appeals of Utah.

July 31, 2014.

Attorney(s) appearing for the Case

David W. Scofield and David Bernstein , for Appellants.

John R. Lund and Kara L. Pettit , for Appellee.

Judge GREGORY K. ORME authored this Memorandum Decision, in which Judge JAMES Z. DAVIS and Senior Judge RUSSELL W. BENCH concurred.

Memorandum Decision

ORME, Judge:

¶ 1 Pursuant to a garnishment order obtained by plaintiff Enoch Richard Smith, the details of which are not relevant to the jurisdictional question before us, ASC Utah, Inc. (ASC) deposited with the trial court $200,000 that it owed to the Osguthorpes. When the Osguthorpes made full payment of the judgment against them and in favor of Smith, they moved to vacate the garnishment...

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