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COTTAGE CAPITAL v. RED LEDGES LAND DEV'T

No. 20130320.

345 P.3d 642 (2015)

2015 UT 27

COTTAGE CAPITAL, LLC, Appellant, v. RED LEDGES LAND DEVELOPMENT, Appellee.

Supreme Court of Utah.

January 30, 2015.

Attorney(s) appearing for the Case

Karthik Nadesan , Salt Lake City, for appellant.

Brent O. Hatch , Mitchell A. Stephens , Salt Lake City, for appellee.

Justice LEE authored the opinion of the Court, in which Chief Justice DURRANT, Associate Chief Justice NEHRING, Justice DURHAM, and Justice PARRISH joined.

¶ 1 This is an appeal from an order dismissing an action brought by Cottage Capital, LLC, to enforce a guaranty agreement against Red Ledges Land Development. The district court dismissed this action on grounds of preclusion, concluding that it should have been asserted as a compulsory counterclaim in an earlier...

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