Duncan v. Fourth Judicial District Court
Annotate this Case
Download PDF
2007 UT 18 This opinion is subject to revision before final publication in the Pacific Reporter. IN THE SUPREME COURT OF THE STATE OF UTAH ----oo0oo---Kenneth W. Duncan; KWD Associates, L.C.; Lee Duncan; and Julee Associates, L.C., Petitioners, No. 20051009 v. Fourth Judicial District Court; The Honorable Fred. D. Howard; The Honorable Gary D. Stott; Brigham Young University; Tremco Consultants, Inc.; Heber Valley Bank; and SoftSolutions, Inc., Respondents. _________________________________________________________________ Rannoch, L.L.C., and Carie, L.L.C., Petitioners, No. 20060203 v. Fourth Judicial District Court; The Honorable James R. Taylor; Brigham Young University; Tremco Consultants, Inc.; Heber Valley Bank; and Softsolutions, Inc., Respondents. F I L E D February 2, 2007 --Original Proceedings in this Court Attorneys: Clark R. Nielsen, Salt Lake City, for petitioners Duncan, KWD Assoc., and Julee Assoc. Michael R. Carlston, R. Brent Stephens, David L. Pinkston, Salt Lake City, for petitioners Rannoch and Carie Brent M. Johnson, Salt Lake City, for respondents Fourth District and Judges Howard, Stott, and Taylor Steven W. Call, Michael D. Mayfield, Herschel J. Saperstein, Benjamin J. Kotter, Salt Lake City, for respondent BYU Eric K. Schnibbe, Salt Lake City, for respondent Tremco --NEHRING, Justice: ¶1 This opinion pertains to two petitions brought under Utah Rule of Civil Procedure 65B. We have consolidated the two petitions because both parties ask for essentially the same relief--the vacation of the July 10, 2002 supplemental order entered in favor of Brigham Young University (BYU) and a cessation of collection activities by BYU against petitioners. In light of our holding in Brigham Young University v. Tremco Consultants, Inc., 2007 UT 17, __ P.3d __, the petitions are granted and the July 10, 2002 supplemental order is vacated. --¶2 Chief Justice Durham, Justice Parrish, and Judge Atherton concur in Justice Nehring s opinion. ¶3 Having disqualified themselves, Associate Chief Justice Wilkins and Justice Durrant do not participate herein; Judge Judith S.H. Atherton sat. No. 20051009, 20060203 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
