ASSET ACCEPTANCE LLC v. STOCKS

No. 20140898-CA.

376 P.3d 322 (2016)

2016 UT App 84

ASSET ACCEPTANCE LLC, Appellee, v. Jay R. STOCKS, Appellant.

Court of Appeals of Utah.

April 28, 2016.


Attorney(s) appearing for the Case

Marshall Thompson , Salt Lake City, for Appellant.

Spencer B. Lythgoe , for Appellee.

Judge STEPHEN L. ROTH authored this Opinion, in which Judge KATE A. TOOMEY concurred. Senior Judge RUSSELL W. BENCH dissented, with opinion.


Opinion

¶ 1 Jay R. Stocks appeals the district court's denial of his motion to set aside a default judgment under rule 60(b)(1) of the Utah Rules of Civil Procedure. Stocks's proposed defense below was that the four-year statute of limitations for actions on an "open account" barred any claim against him for the unpaid...

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