Docket Number

890345

Document Type

Legal Brief

Publication Date

1989

Abstract

PETITION FOR REHEARING

COME NOW Plaintiffs and petition for a rehearing of the appeal. The points of law and fact the Court overlooked and misapprehended are the facts in this case evaluated within the analysis expressed in Maxfield v. Rushton, 115 Ut. Adv. Rep. 33, 35; 779 P. 2d 237, 239. There this Court held that a Trial Court's discretion must be balanced against the high priority of affording disputants an opportunity to be heard and to do justice between them. The most important factor is whether justice may result from the dismissal. Although the dismissal in Maxfield was upheld, it was in a circumstance where the appellant avoided an actual trial setting at the last moment.

Comments

Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
L. Brent Hoggan, Esq.; Olson & Hoggan; N. George Daines, Esq.; Daines .
Raymond N. Malouf, Esq.; Attorney for Appellant.

Rights

Public record document (some rights may be reserved).

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