Lindsay v. Atkin

DURHAM, Justice:

The question on this appeal is whether the trial court abused its discretion by denying a motion to correct its earlier order “nunc pro tunc.” The order dismissed Parrish Oil Tools, Inc. (“Parrish Oil Tools”), defendant, from the lawsuit “with prejudice,” and defendant sought a change to reflect a dismissal “without prejudice.” We affirm the trial court’s order.

Plaintiff Lindsay sued appellants Atkin and Nyberg in May 1978 in Duchesne County District Court on a promissory note executed by appellants naming Southern Utah Hay Company (“Southern Utah Hay”) as promisor and Lindsay…