Timm v. Dewsnup

HOWE, Associate Chief Justice:

Defendant Aletha Dewsnup appeals the trial court’s denial of her motions to (1) amend her counterclaim, and (2) either reconsider and set aside a summary judgment entered against her or certify the summary judgment as final so that she could appeal it. Defendant T. LaMar Dewsnup, Aletha’s husband, died in 1986 during the pendency of this action.

FACTS

In June of 1978, the Dewsnups, farmers in Delta, Utah, with the help of two attorneys who the Dewsnups assert represented them, borrowed $119,000 for a two-year period to purchase a motel. The lenders were the Annette…