Arbogast Family Trust v. River Crossings, LLC

238 P.3d 1035 (2010)

2010 UT 40

ARBOGAST FAMILY TRUST, Plaintiff and Respondent,

v.

RIVER CROSSINGS, LLC, Defendant and Petitioner.

No. 20080699.

Supreme Court of Utah.

May 14, 2010.

Scott M. Lilja, Nicole M. Deforge, Salt Lake City, for plaintiff.

Tyler T. Todd, Chad J. Utley, Shawn T. Farris, St. George, for defendant.

On Certiorari to the Utah Court of Appeals

NEHRING, Justice:

INTRODUCTION

¶ 1 This case presents us with the question of what a party must do to "appear" under rule 5(a)(2)(B) of the Utah Rules of Civil Procedure. We hold that the court of appeals correctly determined that a rule…