Legal Opinion

Pioneer Builders Company v. KDA Corporation

Court of Appeals of Utah

Decided November 1, 2018No. 20170312-CAPublishedCited by 5 opinions

1Opinion of the Court

TOOMEY, Judge:

¶1 K D A Corporation (K D A) appeals the district court's order that denied its Motion to Enforce Redemption Right and granted Pioneer Builders Company of Nevada Inc.'s (Pioneer) Motion to Enforce Settlement Agreement. K D A argues the court erred in ruling K D A waived the statutory right of redemption 1 under the terms of a settlement agreement (the Agreement) between K D A and Pioneer. We conclude K D A did not waive its right of redemption because the Agreement did not contain a clear and unmistakable waiver of that right. We therefore reverse and remand this case to the…

2Cases cited10 opinions

  1. Zions First National Bank, N.A. v. National American Title Insurance Co.Utah Supreme Court · 1988
  2. Soter's, Inc. v. Deseret Federal Savings & Loan Ass'nUtah Supreme Court · 1993
  3. Bodell Construction Co. v. RobbinsUtah Supreme Court · 2009
  4. Pledger v. GillespieUtah Supreme Court · 1999
  5. G.G.A., Inc. v. LeventisCourt of Appeals of Utah · 1989

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Airstar v. Keystone AviationCourt of Appeals of Utah · 2022
  2. Jenco v. Ledges PartnersCourt of Appeals of Utah · 2023
  3. Bennion v. StolrowCourt of Appeals of Utah · 2022
  4. TALISKER PARTNERSHIP v. MIDTOWN ACQUISITIONSUtah Supreme Court · 2025
  5. TALISKER PARTNERSHIP v. MIDTOWN ACQUISITIONSUtah Supreme Court · 2025

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