[Download] "Estate Sheldon L. Pollack v. Loraine Mcmurrey" by Supreme Court Of Utah # eBook PDF Kindle ePub Free

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eBook details

• Title: Estate Sheldon L. Pollack v. Loraine Mcmurrey
• Author : Supreme Court Of Utah
• Release Date : January 30, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

This is an appeal from a default judgment rendered against the Estate of Sheldon Pollack through its executors. The executors of the estate, collectively, the Estate, moved to have the default judgment set aside. This motion was cast as a motion for new trial. The trial court denied the motion. The court of appeals affirmed the judgment, approving the trial courts denial of the Estates motion for new trial. S.W.2d . The issue presented here is whether the trial court abused its discretion in refusing to set aside the default judgment against the Estate. We hold that the trial court abused its discretion in refusing to set aside the default judgment without a proper resolution of a factual dispute regarding the Estates failure to answer. Because of that error, we reverse the judgment of the court of appeals and remand the cause to the trial court for further proceedings consistent with this opinion and with instructions to conduct an evidentiary hearing to determine controverted material facts.

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