First Southwestern Financial Services v. Sessions

DURHAM, Justice:

First Southwestern Financial Services (“FSFS”) appeals from two district court orders awarding Ronald, Scott, and Donna Sessions (the “Sessions”) costs and reasonable attorney fees based upon the court’s conclusion that the Sessions were “the prevailing party” under section 57-1-32 of the Utah Code. We reverse and remand for proceedings in accord with this opinion.

The material facts are not in dispute. In 1983, the Sessions jointly executed a promis sory note in exchange for a $33,336.97 loan from FSFS. 1 As security, the Sessions presented FSFS with a deed of trust in real…