Legal Opinion

ARBOGAST FAMILY TRUST EX REL. ARBOGAST v. River Crossings, LLC

Court of Appeals of Utah

Decided July 17, 2008No. 20070395-CAPublishedCited by 7 opinions

1Opinion of the Court

OPINION

McHUGH, Judge:

¶ 1 River Crossings, LLC (River Crossings) appeals the trial court’s denial of its rule 60(b) motion to set aside a default judgment. See Utah R. Civ. P. 60(b). We affirm.

BACKGROUND

¶ 2 Arbogast Family Trust (Arbogast) provided River Crossings a $2,450,000 loan. The loan was to be repaid with interest by September 16, 2005. If repayment was more than five days late, the loan agreement provided for “[a] late payment penalty of [s]ix percent.” River Crossings repaid the loan in full on October 7, 2005. Because the loan was not repaid within five days of September 16, 2005,…

2Cases cited17 opinions

  1. State of New York and Erin D. Crotty v. Kevan M. Green and Polymer Applications, Inc., Docket No. 04-4070-CvCourt of Appeals for the Second Circuit · 2005
  2. New York Life Insurance v. BrownCourt of Appeals for the Fifth Circuit · 1996
  3. H. F. Livermore Corporation v. Aktiengesellschaft Gebruder LoepfeCourt of Appeals for the D.C. Circuit · 1970
  4. Valcarce v. FitzgeraldUtah Supreme Court · 1998
  5. Pratt v. NelsonUtah Supreme Court · 2007

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3Cited by7 opinions

  1. Arbogast Family Trust v. River Crossings, LLCUtah Supreme Court · 2010
  2. State v. CrowleyCourt of Appeals of Utah · 2014
  3. State v. FahinaCourt of Appeals of Utah · 2017
  4. State v. RelyeaCourt of Appeals of Utah · 2012
  5. Rojas v. MontoyaCourt of Appeals of Utah · 2020

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

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