A.K. & R. Whipple Plumbing & Heating v. Guy
Utah Supreme Court
1Opinion of the Court
DURHAM, Chief Justice:
INTRODUCTION
¶ 1 Thomas D. Guy (Guy) and Aspen Construction (Aspen) were defendants in a mechanic’s lien foreclosure action brought by A.K. & R. Whipple Plumbing and Heating (Whipple). We granted Guy and Aspen’s petition for certiorari review of the court of appeals’ decision affirming the trial court’s award of no attorney fees in connection with this case. They urge us to find that the trial court’s application of a so-called “flexible and reasoned approach” to determining the “successful party” pursuant to section 38-1-18 of the Utah Code wrongly led the trial court to…
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