Fisher v. Bybee

NEHRING, Justice:

T1 In this appeal we are asked to decide whether the trial court exceeded its authority when it held that Utah Rule of Civil Procedure 60(b)(1) could not be used to set aside a judgment that may have been based on a mistaken application of law. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

T2 The defendants, Mr. Evan Bybee and others, entered into a contract with the Fishers to purchase a car wash business. Later, the Fishers sued Mr. Bybee for breach of contract. After resisting the Fishers' application for a prejudgment writ of garnishment, Mr. Bybee failed to answer the…