438 Main Street v. Easy Heat, Inc.

DURRANT, Justice:

T1 This case involves an appeal from a district court's grant of a rule 41(b) motion to dismiss. Because the district court did not err in considering part of the defendant's evidence when ruling on the motion, and because the district court's findings of fact are not clearly erroneous, we affirm.

BACKGROUND

12 At approximately 1:80 on the morning of June 15, 19983, a fire broke out in the 486 Main Street building in Park City, Utah. Despite local firefighting efforts, the fire spread to the neighboring 488 Main Street building. Although the fire was successfully extinguished…