 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Colosimo v. Roman Catholic Bishop of Salt Lake City11/26/2004
disputed material facts in the record, we conclude that Plaintiffs were not entitled to have their case tried before a jury.
IV. Attorney Fees
Defendants Roman Catholic Bishop of Salt Lake City and Judge Memorial Catholic High School Board of Financial Trustees, in their motion for summary disposition, requested an award of attorney fees and costs against counsel for Plaintiffs because, in those Defendants' view, Plaintiffs' appeal was baseless. This request amounts to a claim under rule 33 of the Utah Rules of Appellate Procedure. Rule 33 provides that "a frivolous appeal, motion, brief, or other paper is one that is not grounded in fact, not warranted by existing law, or not based on a good faith argument to extend, modify, or reverse existing law." Utah R. App. P. 33(b). We conclude that Plaintiffs' appeal was not frivolous or unwarranted. As a result, we decline to award attorney fees in this matter.
CONCLUSION
We conclude that Plaintiffs' claims are barred by the applicable statutes of limitation. Accordingly, the trial court's grant of summary judgment in favor of Defendants is affirmed.
James Z. Davis, Judge
WE CONCUR:
Norman H. Jackson, Judge
William A. Thorne Jr., Judge
Page 1 2 3 4 5 6 7 8 9 Utah Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|