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MORNINGSIDE DEVELOPERS v. COPPER HILLS

No. 20130658-CA.

348 P.3d 726 (2015)

2015 UT App 99

MORNINGSIDE DEVELOPERS, LLC, Plaintiff, v. COPPER HILLS CUSTOM HOMES, LLC, Defendant, Third-party Plaintiff, and Appellant, v. Wells Fargo Bank, NA; Bank of America, NA; and Mortgage Electronic Registration Systems, Inc., Third-party Defendants and Appellees.

Court of Appeals of Utah.

April 23, 2015.

Attorney(s) appearing for the Case

Nate D. Ashcraft , Attorney for Appellant.

Timothy Curtis , Salt Lake City, Attorney for Appellees Bank of America, NA and Mortgage Electronic Registration Systems, Inc.

Laura S. Scott and Nicole G. Farrell , Salt Lake City, Attorneys for Appellee Wells Fargo Bank, NA.

Judge JAMES Z. DAVIS authored this Memorandum Decision, in which Judges GREGORY K. ORME and JOHN A. PEARCE concurred.

Memorandum Decision

¶ 1 Copper Hills Custom Homes, LLC (Copper Hills) appeals the district court's reinstatement of an order of dismissal for failure to prosecute. We vacate in part and affirm in part.

¶ 2 Copper Hills provided construction contracting services to Morningside Developers,

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