First Equity Federal, Inc. v. Phillips Development, LC
Utah Supreme Court
1Opinion of the Court
DURRANT, Associate Chief Justice:
T1 This appeal concerns the application of the two-dismissal provision of rule 41(a)(1) of the Utah Rules of Civil Procedure. In two previous actions against the defendants, First Equity Federal, Inc., obtained dismissals of claims identical to the claims set forth in this suit. Specifically, First Equity had earlier filed a notice of dismissal pursuant to rule 41(a)(1) in a state court action and obtained a dismissal pursuant to an ex parte motion to dismiss in a federal court action.
12 Based on this procedural history, the defendants moved the district court…
Also in this document: Concurrence.
2Cases cited10 opinions
- State v. MenziesUtah Supreme Court · 1994
- O'NEAL v. Division of Family ServicesUtah Supreme Court · 1991
- Limb v. Federated Milk Producers AssociationUtah Supreme Court · 1969
- Watkiss & Campbell v. Foa & SonUtah Supreme Court · 1991
- US Oil v. Lee & Eastes Tank LinesCourt of Appeals of Washington · 2001
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Miller v. WeaverUtah Supreme Court · 2003
- City of Grantsville v. Redevelopment Agency of Tooele CityUtah Supreme Court · 2010
- Arbogast Family Trust v. River Crossings, LLCUtah Supreme Court · 2010
- Monarrez v. Utah Department of TransportationUtah Supreme Court · 2016
- Osguthorpe v. Wolf Mountain Resorts, L.C.Utah Supreme Court · 2010
18 more not listed; retrieve them via the Exa API.