Legal Opinion

Lunceford v. Lunceford

Court of Appeals of Utah

Decided June 29, 2006No. 20050027-CAPublishedCited by 5 opinions

1Opinion of the Court

OPINION

BILLINGS, Judge:

¶ 1 Plaintiffs Scott A. Lunceford (Son) and Deborah Lunceford Harker (Daughter) (collectively, Children) appeal the district court’s grant of Defendant Mona Vincent Lunceford’s (Wife) rule 12(b)(6) motion to dismiss. See Utah R. Civ. P. 12(b)(6). Children assert that the district court erred in granting Wife’s motion to dismiss because the settlement agreement between the parties was ambiguous and did not bar Children’s claims. We reverse and remand.

BACKGROUND

¶ 2 In reviewing whether a district court properly granted a rule 12(b)(6) motion to dismiss, “we accept the…

2Cases cited9 opinions

  1. Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co.California Supreme Court · 1968
  2. Oakwood Village LLC v. Albertsons, Inc.Utah Supreme Court · 2004
  3. Central Florida Investments, Inc. v. Parkwest AssociatesUtah Supreme Court · 2002
  4. R.T. Nielson Co. v. CookUtah Supreme Court · 2002
  5. Plateau Mining Co. v. Utah Division of State Lands & ForestryUtah Supreme Court · 1990

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

3Cited by5 opinions

  1. Gallegos v. LloydCourt of Appeals of Utah · 2008
  2. Haynes v. Dept. of Public SafetyCourt of Appeals of Utah · 2020
  3. Traco Steel Erectors, Inc. v. Comtrol, Inc.Court of Appeals of Utah · 2007
  4. In re DodartUnited States Bankruptcy Court, D. Utah · 2017
  5. Traco Steel Erectors, Inc. v. Comtrol, Inc.Court of Appeals of Utah · 2007

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