State v. All Real Property, Residence & Appurtenances

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case, we must determine whether Bruce Petersen is barred from raising a defense based on insufficient service of a complaint. Both the district court and the court of appeals determined that Petersen waived the right to raise that defense in his second rule 60(b) motion because he did not raise it in his first rule 60(b) motion. We affirm.

BACKGROUND

¶ 2 Pursuant to Utah Code section 58-37-13 (Supp.1996), the State initiated forfeiture proceedings against Petersen to seize his property located at 736 North Colorado Street, Salt Lake City, UT. The State…