Zions FNB v. Brockbank

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IN THE UTAH COURT OF APPEALS ----ooOoo---Zions First National Bank, Plaintiff and Appellee, v. Stephen W. Brockbank, Defendant and Appellant. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20070111-CA F I L E D (April 26, 2007) 2007 UT App 142 ----Third District, West Jordan Department, 030102340 The Honorable Terry L. Christiansen Attorneys: Stephen W. Brockbank, Saratoga Springs, Appellant Pro Se Jay V. Barney, Salt Lake City, for Appellee ----- Before Judges Greenwood, Billings, and Orme. PER CURIAM: Stephen W. Brockbank appeals the trial court's order denying his motion for a jury trial. This is before the court on its own motion for summary disposition based on the lack of a substantial question for review. After a bench trial, judgment was entered against Brockbank in March 2004. He subsequently filed two separate motions to set aside the judgment, both of which were denied. He appealed only the trial court's order on the second motion to set aside. This court affirmed the trial court in a decision issued in May 2006. See Knight Adjustment Bureau v. Brockbank, 2006 UT App 196, 2006 UT App. Lexis 206 (per curiam). In June 2006, Brockbank filed a motion for a jury trial. The trial court denied the motion in October 2006. Brockbank appealed. A demand for a jury trial in a civil proceeding must be made prior to trial. See Utah R. Civ. P. 38. Here, the final judgment was entered more than two years before Brockbank moved for a jury trial. Furthermore, Brockbank failed to appeal the judgment, and his other attempts to set aside the judgment were properly denied. This judgment is final and unassailable. Under these circumstances, Brockbank's motion for a jury trial simply has no legal basis. The trial court properly denied the motion. Accordingly, the order denying Brockbank's motion for a jury trial is affirmed. ______________________________ Pamela T. Greenwood, Associate Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ Gregory K. Orme, Judge 20070111-CA 2

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