Pursuant to Rule 24 (j) of the Utah Rules of Appellate Procedure, this letter is to advise the Court that additional pertinent significant authority has come to our attention. Specifically, on or about April 23, 1991, the Utah Supreme Court entered its opinion in the case of Phillips v. Utah State Credit Union, 159 Utah Adv. Rep. 17 (1991), a copy of which is attached. The Court's discussion on pages 20 through 21, and particularly footnote 9, is new Utah authority dispositive of the issue set forth in Point I of American's brief, pages 7 through 10, which is that the three-month limitations period for the filing of deficiency actions is not applicable to actions to enforce the separate obligation of a guarantor.
Public record document (some rights may be reserved).
Legal Brief, American Savings & Loan Association v. Gibson, No. 900264.00 (Utah Supreme Court, 1990).