Butcher v. Gilroy

BILLINGS, Judge:

Wendell and Irene Butcher (“the Butchers”) appeal from an order of the district court granting defendant Gilroy’s (“Gil-roy”) motion to dismiss the Butchers’ com plaint ruling that the action was barred by Utah Code Ann. § 78-12-23 (1987), the statute of limitations applicable to written instruments. We reverse and remand.

FACTS

Because we are reviewing a dismissal pursuant to Rule 12(b)(6) of the Utah Rules of Civil Procedure, we accept as true the following well-pleaded facts in the Butchers’ Amended Complaint. See Bryan v. Stillwater Bd. of Realtors, 578 F.2d 1319, 1320 (10th…