Kathy's Food Stores, Inc. v. Equitable Life & Casualty Insurance Co.

Utah Supreme Court

Kathy's Food Stores, Inc. v. Equitable Life & Casualty Insurance Co.

753 P.2d 501, 77 Utah Adv. Rep. 3, 1988 Utah LEXIS 23, 1988 WL 17842

CourtUtah Supreme Court

DecidedMarch 3, 1988

DocketNo. 870394

StatusPublished

This text of 753 P.2d 501 (Kathy's Food Stores, Inc. v. Equitable Life & Casualty Insurance Co.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kathy's Food Stores, Inc. v. Equitable Life & Casualty Insurance Co., 753 P.2d 501, 77 Utah Adv. Rep. 3, 1988 Utah LEXIS 23, 1988 WL 17842 (Utah 1988).

Pincite

Opinion

PER CURIAM:

Respondent’s motion to dismiss this matter is hereby granted on the ground that the order appealed is not a final judgment and this Court has no jurisdiction. See Utah R.Civ.P. 54(b).

A majority of the Court is in favor of granting sanctions pursuant to Rule 33, Rules of the Utah Supreme Court, on the ground that this appeal is frivolous and was brought for delay. This matter is remanded for the purpose of taking evidence on the amount of reasonable attorney fees awardable to respondent for bringing the motion for summary disposition.

STEWART, Associate C.J., and HOWE, J., dissent from the ruling on sanctions.

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PER CURIAM:

Respondent’s motion to dismiss this matter is hereby granted on the ground that the order appealed is not a final judgment and this Court has no jurisdiction. See Utah R.Civ.P. 54(b).

A majority of the Court is in favor of granting sanctions pursuant to Rule 33, Rules of the Utah Supreme Court, on the ground that this appeal is frivolous and was brought for delay. This matter is remanded for the purpose of taking evidence on the amount of reasonable attorney fees awardable to respondent for bringing the motion for summary disposition.

STEWART, Associate C.J., and HOWE, J., dissent from the ruling on sanctions.

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Bluebook (online)

753 P.2d 501, 77 Utah Adv. Rep. 3, 1988 Utah LEXIS 23, 1988 WL 17842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kathys-food-stores-inc-v-equitable-life-casualty-insurance-co-utah-1988.