VALLEY ASPHALT, INC. v. ELDON J. STUBBS CONSTRUCTION, INC.

No. 19404.

714 P.2d 1142 (1986)

VALLEY ASPHALT, INC., Plaintiff and Appellant, v. ELDON J. STUBBS CONSTRUCTION, INC., Fashion Cabinets and Manufacturing, Entrada Industries, Inc., W. Trent Ridd, Tawna Ridd, Geneva Rock Products, Ashrock, Inc., Robert J. Wilson, Dorene Wilson, Provo Land Title Company, United Savings and Loan Association, Southam & Warburton Aluminum Corporation, Douglas B. Worthen, Cheryl Worthen, Bart J. Weaver, Laurie Weaver, Scott Glen Thornock, Sheilagh Glenn Thornock, Cavalier Enterprises Inc., Michael L. Carter, Carol Carter, FTS Enterprises, Inc., and Frank T. Santos, Defendants and Respondents.

Supreme Court of Utah.

February 21, 1986.


Attorney(s) appearing for the Case

Harold D. Mitchell, Springville, for plaintiff and appellant.

Ray M. Harding, Jr., Pleasant Grove, James M. Jones, Richard M. Mollinet, Salt Lake City, Frederick A. Jackman, Orem, Lester A. Perry, Salt Lake City, for defendants and respondents.


HOWE, Justice:

Plaintiff appeals dismissal of its complaint as against certain defendants because it failed to issue summons on them within three months after the complaint was filed. The dismissal was made pursuant to Utah Rules of Civil Procedure 4(b).

On June 17, 1982, plaintiff filed a complaint to foreclose a mechanic's lien, naming Eldon J. Stubbs Construction, Inc., Fashion Cabinets, and ten individuals as defendants. Summons was issued on defendant...

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