Legal Opinion

Brook v. Woodall

Court of Appeals of Utah

Decided May 12, 2011No. 20100873-CAPublished

1Opinion of the Court

MEMORANDUM DECISION

CHRISTIANSEN, Judge:

{1 Plaintiffs Michael Creps Brook and Robert George Wray, as Brook's purported Trustee on a deed of trust, 1 appeal the district court's order granting Defendants' motion to dismiss. This matter is before the court on its own motion for summary disposition on the basis that "no substantial question is presented," Utah R. App. P. 10(e). Therefore, we affirm the district court's dismissal.

T2 "'The propriety of a [rule] 12(b)(6) dismissal is a question of law'; therefore, 'we give the trial court's ruling no deference and review it under a correctness…

2Cases cited4 opinions

  1. St. Benedict's Development Co. v. St. Benedict's HospitalUtah Supreme Court · 1991
  2. Nixon v. Individual Head of St. Joseph Mortgage Co.District Court, N.D. Indiana · 1985
  3. Alcorn v. Washington Mutual Bank, F.A., Texas Court of Appeals, 6th District (Texarkana)2003
  4. Sony Electronics, Inc. v. ReberCourt of Appeals of Utah · 2004

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