Pursuant to Rule 24(i) Utah Rules of Appellate Procedure, I am writing to advise you that the case of Sevy v. Security Title Company of Southern Utah, — P.2d —, 272 Utah Adv. Rep. 21, 24 (Case No. 930484, September 6, 1995) is a pertinent and significant authority which would supplement the appellants' authorities set out at POINT I. B, at page 22 of Appellants' brief, and again at POINT I, at pages 11 and 12 of the reply brief, both points dealing with whether there are issue of questions of fact for the trier of fact.
The reason for this supplemental citation is that the case was not decided and published until approximately two weeks ago and has language dealing directly with the issues raised by the plaintiffs/appellants.
Pursuant to the cited rule, I am filing this original letter with nine copies for distribution to the Court.
Public record document (some rights may be reserved).
Legal Brief, Berenda v. Langford, No. 940370 (Utah Supreme Court, 1994).