Von K .Stocking, Donna H. Stocking v. First Federal Savings and Loan Association of Logan, Fred Hunsaker and Bryan Chaez, as officers and individuals; Brad H. Bearnson, Trustee; Norman Barber and Helen Barber, Successor Beneficiaries; N. George Daines, and John Does 1-8 : Petition for Rehearing
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.
Public record document (some rights may be reserved).
Legal Brief, Stocking v. First Federal Savings, No. 890345 (Utah Court of Appeals, 1989).