Burgers v. Maiben

The plaintiffs filed this action against the defendant for libel and invasion of privacy. On May 29, 1981, the trial court granted summary judgment and a permanent injunction in favor of the plaintiffs. On June 8, 1981, the defendant filed with the trial court a motion for a new trial. However, this motion was never served on opposing counsel, nor was it accompanied by supporting affidavits. See Utah R.Civ.P. 59(c). On June 23, 1981, the defendant served an almost identical motion for a new trial on opposing counsel.

Between May 29,1981, and June 22, 1981, the defendant continually violated…