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ARBOGAST FAMILY TRUST EX REL. ARBOGAST v. RIVER CROSSINGS, LLC

No. 20070395-CA.

191 P.3d 39 (2008)

2008 UT App 277

ARBOGAST FAMILY TRUST, by and through Rodney J. ARBOGAST as Trustee, Plaintiff and Appellee, v. RIVER CROSSINGS, LLC, a Nevada limited liability company, Defendant and Appellant.

Court of Appeals of Utah.

July 17, 2008.

Attorney(s) appearing for the Case

Scott M. Lilja and Nicole M. Deforge, Salt Lake City, for Appellant.

Chad J. Utley and Tyler T. Todd, St. George, for Appellee.

Before GREENWOOD, P.J., McHUGH and ORME, JJ.

OPINION

McHUGH, Judge:

¶ 1 River Crossings, LLC (River Crossings) appeals the trial court's denial of its rule 60(b) motion to set aside a default judgment. See Utah R. Civ. P. 60(b). We affirm.

BACKGROUND

¶ 2 Arbogast Family Trust (Arbogast) provided River Crossings a $2,450,000 loan. The loan was to be repaid with interest by September 16, 2005. If repayment was more than five days late, the loan agreement provided for...

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