Legal Opinion

LeVanger v. HIGHLAND ESTATES PROPERTIES OWNERS ASSOCIATION

Court of Appeals of Utah

Decided November 6, 2003No. 20020090-CAPublishedCited by 10 opinions

1Opinion of the Court

OPINION

DAVIS, Judge:

¶ 1 Highland Estates Properties Owners Association, Inc. (Highland Estates) appeals a trial court order granting Jean and Rebecca LeVanger (the LeVangers) attorney fees and costs. We reverse and remand.

BACKGROUND

¶ 2 The LeVangers are homeowners and members of Highland Estates. On January 21, 1997, the LeVangers filed a derivative action under rule 23.1 of the Utah Rules of Civil Procedure against Highland Estates and members of its Board of Trustees. The LeVangers’ verified complaint alleged that the Board of Trustees had breached its fiduciary duty to Highland Estates and…

2Cases cited18 opinions

  1. Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
  2. State v. PenaUtah Supreme Court · 1994
  3. Switzerland Cheese Assn., Inc. v. E. Horne's Market, Inc.Supreme Court of the United States · 1966
  4. Fed. Sec. L. Rep. P 94,405 Joe L. Smallwood v. Pearl Brewing Company, Southdown, Inc., Zapata Norness, Inc., Albert J. Rangeand D. Doyle MizeCourt of Appeals for the Fifth Circuit · 1974
  5. Lewis v. CurtisCourt of Appeals for the Third Circuit · 1982

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3Cited by10 opinions

  1. Angel Investors, LLC v. GarrityUtah Supreme Court · 2009
  2. Berg v. StateCourt of Appeals of Utah · 2004
  3. Chamberlain v. Golds GymUtah Supreme Court · 2020
  4. Paulos v. Covenant Transport, Inc.Court of Appeals of Utah · 2004
  5. Beacham v. Fritzi Realty Corp.Court of Appeals of Utah · 2006

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

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