Docket Number

960133

Document Type

Legal Brief

Publication Date

1996

Abstract

PETITION FOR REHEARING

COMES NOW, Plaint iff /Appellant, by and through counsel, B. Ray Zoll, and hereby files this Petition for Rehearing pursuant to Rule 35 of the Utah Rules of Appellate Procedure. This Petition is presented in good faith and not for the purposes of delay. The basis for this Petition for Rehearing is that the Court of Appeals never allowed for a proper hearing nor a complete briefing on plaintiff's appeal nor did it address the incorrect legal application of Rule 11 by the trial court causing a tremendous injustice and bad precedent to occur. Furthermore, this Court's Memorandum Decision that affirmed the trial court's decision is inconsistent with its prior rulings. In at least one prior ruling (see attached Order of Reversal as Exhibit "A"), this very same court overturned a trial court's imposition of sanctions and remanded for an appropriate evidentiary hearing.

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.
B Ray Zool; Attonrey for Plaintiff/Appellant.
Unknown.

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