Hebertson v. Bank One, Utah, N.A.

OPINION

ORME, Judge:

¶ 1 Plaintiff Randi Hebertson appeals the trial court’s award of summary judgment in favor of defendants Bank One, Utah, formerly known as Valley Bank & Trust Company (Bank One), and Dime Savings Bank of New York, FSB (Dime Savings). Because we conclude that the savings statute, Utah Code Ann. § 78-12-10 (1996), permits a plaintiff to refile timely successive actions after each is dismissed, so long as the dismissal is not on the merits and the refiled action is substantially the same as the previous action, we reverse.

BACKGROUND

¶2 “In reviewing a grant of summary judgment,…