Charlie Brown Construction Co. v. Leisure Sports Inc.

OPINION

BENCH, Judge:

Plaintiffs appeal an order of the district court denying their motion to set aside the dismissal of their complaint. We affirm.

Plaintiffs are the purchasers and owners of certain lots at Mount Holly Ski Resort. Defendants are the developers of the area. On June 15, 1981, plaintiffs filed a complaint against defendants to compel completion of certain road improvements. At defendants’ request, plaintiffs posted a nonresident cost bond pursuant to Utah R.Civ.P. 12(j). Defendants then filed their answer on July 6, 1981.

Ten and one-half months later, on May 27, 1982, plaintiffs…