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HEBERTSON v. BANK ONE, UTAH, N.A.

No. 980226-CA.

995 P.2d 7 (1999)

1999 Utah Ct. App. 342

Randi HEBERTSON, Plaintiff and Appellant, v. BANK ONE, UTAH, N.A., fka Valley Bank & Trust Company; et al., Defendants and Appellees.

Court of Appeals of Utah.

December 2, 1999.

Attorney(s) appearing for the Case

Timothy C. Houpt, Jones Waldo Holbrook & McDonough, Salt Lake City, for Appellant.

Daniel L. Steele, Bennett Tueller & Johnson, and John Clyde Hansen, Petersen & Associates, Salt Lake City, for Appellees.

Before WILKINS, P.J., and JACKSON and ORME, JJ.

OPINION

ORME, Judge:

¶ 1 Plaintiff Randi Hebertson appeals the trial court's award of summary judgment in favor of defendants Bank One, Utah, formerly known as Valley Bank & Trust Company (Bank One), and Dime Savings Bank of New York, FSB (Dime Savings). Because we conclude that the savings statute, Utah Code Ann. § 78-12-40 (1996), permits a plaintiff to refile timely successive actions after each is dismissed, so long as the dismissal is...

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