YOHO AUTOMOTIVE, INC. v. SHILLINGTON

No. 880036-CA.

784 P.2d 1253 (1989)

YOHO AUTOMOTIVE, INC., Plaintiff and Respondent, v. H.F. SHILLINGTON, aka Moe Shillington, Defendant and Appellant.

Court of Appeals of Utah.

December 21, 1989.


Attorney(s) appearing for the Case

Jerry J. Kaufman, Sandy, for defendant and appellant.

Duane R. Smith, Salt Lake City, for plaintiff and respondent.

Before BENCH, JACKSON and BULLOCK, JJ.


OPINION

BENCH, Judge:

Defendant H.F. "Moe" Shillington seeks to overturn a summary judgment rendered against him in an action to enforce a personal guaranty. We reverse and remand.

A summary judgment may be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that...

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