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Auten v. Dj Clark

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eBook details

  • Title: Auten v. Dj Clark
  • Author : Court of Appeals of Utah
  • Release Date : January 02, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Appellants, Evelyn Auten and Eldon Auten ("the Autens"), sued appellees, D.J. Clark, Inc. d/b/a Double Arches Corporation, Donald E. Clark, and Janet C. Clark (collectively "the Clarks"), for personal injuries. The Autens filed suit before limitations expired, but they did not serve the Clarks until more than a year after limitations expired. The trial court granted summary judgment in favor of the Clarks on the ground that the Autens suit was barred by the statute of limitations because they did not exercise due diligence to serve the Clarks. In their sole issue, the Autens contend the trial erred by granting summary judgment. Because the Autens raised a genuine issue of material fact on whether they exercised due diligence to serve the Clarks, we reverse and remand.


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