Valley Asphalt, Inc. v. Eldon J. Stubbs Construction, Inc.

HOWE, Justice:

Plaintiff appeals dismissal of its complaint as against certain defendants because it failed to issue summons on them within three months after the complaint was filed. The dismissal was made pursuant to Utah Rules of Civil Procedure 4(b).

On June 17, 1982, plaintiff filed a complaint to foreclose a mechanic’s lien, naming Eldon J. Stubbs Construction, Inc., Fashion Cabinets, and ten individuals as defendants. Summons was issued on defendant Eldon J. Stubbs Construction, Inc. on August 5, forty-nine days after the filing of the complaint, and served five days later. On October…