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Show jMi-,4frr- wyr ; ty!' .''': '"i?' v iy - ('- -' i .r v r L County Bu.fding Permits Bountiful Electricity Hook-Up- s Gary Hannig, 345 No. 400 $15,000 East, Owner Single Family Dwelling $14,000 John Borzea, 141 East 300 Intermountain Assoc. of Credit Union: 60 So. Owner Renter Winchell Valley Center Bldg. 7073 Copper Hills So . DoNut Main , Owner Single Family Dwelling House, 1654 Valley Center Bldg. 7137 West 3870 South & S James Norton, 1874 South Wells, Drive, House-Da- ve 2132 So. Orchard Davidson Lumber Sales 155 Central Avenue Renter $11,000 lumber Storage Bountiful Apts. South, Renter Warehouse Lynn Wardle, 1534' North 400 West, Renter Grant Christensen Ron 3521 Suniland Drive Drive. 1144 Woodmore Owner Stout, Perrault, 1.6 West Single Family Dwelling Tracy John L. Skeen 4452 Lone Pine Drive Colonial Gardens, 453 1000 No. Renter 400 $39,000 Bonneville Manor, 425 $15,000 Single Family Dwelling grated Systems dba Ambulance Inter-mounta- 54 West Judy, Victor A Wicker 'OFF POWER $2552.22 ' etux: $1078.38; $2514.70 B Luke, 820 No. Main, Renter Douglas Louis Nillet, L Lon- don Concrete: $2915.32 411 Margaret Lieberman, 192 West 200 North 2, Renter $4676.44 Neal Gunnarson, 267 So. John Martain dba John Martain Drywall: 412 425 West Gordon Hellstrom A etux $1347.77 434 Kay S Thompson. Thompson Building: $1348.10 435 Eugene Perry, Perry Welding: $2090.49 436 Kenneth E Bennett, Bennett Roofing: $182.00 Ken Renter E- -2 C.S. Gray, 782 East 1050 North, Owner Carl DeBlasio, 453 North 400 East 113-- C Renter Meridian Corp. 290 No. 500 West, Owner Madsen, 1150 Woodmoore Dr. Owner Cal Udy, 187 East 650 No. All Tax Liens Payable to the Department of the United States Treasury NOTE: Bountiful Electricity Hook-up- s Don East 500 So. Renter Maxine 200 No. Michael K Robinson, 384 West 325 So. Renter Larry Nielsen, 2122 So Orchard 7 Renter Donald Hawthorne, 2300 So. Owner Eileen No . DeWool, Owner Douglas R 762 East 257 West 40C Chllds 185 West 629 So. Owner 6, Darwin Browning, Wayne Owner North, 100 H l4l East 300 Lyman, 609 So. Owner East, Redd, 609 So. 100 F.a3t, Owner Main, Owner While these proceedings were commenced in 1969, a judgment was entered in October, 1971, which in the usual course of court proceedings would have terminated and resolved the issues raised by the pleadings had it not been set aside in May, 1972. This court only looks to the period after the judgment was set aside in its determination as to whether the trial court abused its discretion in ordering a dismissal for failure to prosecute. During the year 1972 there was a substitution of counsel for both the plaintiff and the defendants. The record would indicate that efforts were made to settle and compromise the case over a period until approximately November, 1972, at which time request was made by the defendants for a trial setting. , conclude that in view of the circumstances in this case the trial court abused its discretion in ordering a dismissal for the plaintiff's failure to prosecute. It would appear, however, that the plaintiff's motion for a new trial was not timely filed as to the dismissal in the case of the defendant Harvey Draper. The motion not being timely iled did not toll time for appeal in his case. As to the defendant Harvey Draper the appeal is dismissed. We The matter is remanded to the court below for further proceedings in conformity with this opinion. No costs awarded. WE CONCUR: Porter, Orenl Kimben II, 255 650 So. Renter North matter On January 4, 1973, the plaintiff moved for a new hearing and for a summary judgment which we construe as a motion for a new trial. The motion was filed with the clerk of the court on January 5, 1973. Thereafter the court on March 5, 1973, denied the motion as not being timely filed and that it did not comply with the requirements of Rule 59(b). 1206 North Owner 250 West, Roger L. M. Cummings, Clerk the defendant Bart Draper. Gem Droughty Winchell 1654 South Main, Renter Carl Stlllman, Center, Renter 400 East Jay Parker, L.R. Barnson, 2022 So. White, 340 E. 2, Renter W Barry Thome, 945 South 4, Renter Main James 73 Williams, Owner 1974 was again called up by the court at which time the court granted the motion of the defendants to dismiss for failure to prosecute. On December 21, 1972, the court made and entered an order of dismissal as to the defendant Harvey Draper. On December 29, 1972, the court signed an order dismissing the complaint as to the defendant Louis K. Eklund, which order was filed with the clerk on January 10, 1973. Also on December 29, 1972, the court signed an order which recited "Defendants' motion to dismiss with prejudice is granted. " Inasmuch as the order does not designate i defendant by name, we must conclude that it deals with On December 21, 1972, the . Robert F Smith, 54 West Wicker Lane, Renter January 10, that time the defendants moved the court for an order dismissing the case for failure of the plaintiff to prosecute. The court continued the matter to December 21, and the court gave counsel until that date to submit authorities. 77 South 500 West, Owner Kesselring FILED During the months of November and December, 1972, demand for was made on behalf of the defendants, and the matter was set for trial trial on December 7, 1972. On the date set for trial, counsel for the plaintiff appeared and requested a continuance, stating to the court that he had been unable after receiving notice of the trial setting to contact the plaintiff. At Leonard H. Allen, 153 North Parker Way: Renter 408, 409 both Frank A. 410 267 So. Owner 2, Federal Employees Credit in $2730.75 Ammons E-- Lane, Owner Medical Inte- : W. Mark Tax Liens etux No. I13C, Owner Mian: Owner Palmer's Bldging Co. 3116 Fredrick Place 091 . Hyrum Brough, 820 No. Single Family Dwelling 23 East. Change covery proceedings were undertaken and motions were made for summary judgments. On October 29, 1971, a judgment was entered in favor of the plaintiff and thereafter an execution was issued and placed in the hands of the sheriff. On May 19, 1972, the court made and entered an order setting aside the judgment.' During the pendency of the action and by stipulation of the parties the complaint was dismissed as to Bruce Draper. On May 4, 1972, the plaintiff's attorney withdrew and thereafter Milton T. Harmon appeared as counsel, and he has represented the plaintiff in all subsequent proceedings. During the year 1972, counsel for the defendants withdrew and David P. Brown entered his appearance on behalf of the Draper defendants, and Louis T. Tervort was substituted as counsel for Louis K. Eklund. It would appear from the file, which is now voluminous, that during the year 1972 offers and counteroffers were made between the parties to compromise and settle the case. : $20,200 Lucille Hunter, 840 So. 800 East, Owner, Meter The plaintiff commenced this action in the District Court of Sanpete County to recover sums due on a promissory note, a contract and an open account. A complaint was filed in September, 1969. On September 22, 1969. the defendants answered and filed a counterclaim. Thereafter dis- 255 West Tim Biehn, 234 West 1050 $4,000 E. R. Callister, Jr., Chief Justice W. F. Henri Henriod, Justice 490 W. 400 Renter Howard Romero, 1874 So. 900 East, Owner A. H. Ellett, Justice Ronnie Pace, 384 West 325 South, Owner Dee Moultrie, J. 571 So. 1050 East Owner Richard Lewis, 167 West Crystal Lime Allan Crockett, Justice Cement Co. v. Bobbins, 8 Utah 2d 389, 335 P. 2d 624; Thompson Ditch Co. v. Jackson, 29 Utah 2d 259, 508 P. 2d 528. 1. L OFF TUCKETT. Justice: 650 So. Owner Improvement District 5401 South 4220 West L.A. Campbell, 73 East 500 South and 75 East 500 So. Harvey Draper, Bart Draper and Louis K. Eklund, a partnership dba Draper Custom Knives and Draper Knives, a Defendants and Respondent's. East, Owner Carpet East & No. 13313 Central Valley Veterinary Hospital 55 Miller Avenue K earns 235 ON Plaintiff and Appellant, East Langston, 213 1700 So. Renter Veterinary Hospital Childs, 8, Renter ' Coy 900 POWER Ewan L. Vanjonora, Single Family Dwelling $65,000 Owner & Trucking Owner $14,000 300 No. R 257 West (100 In The Supreme Court Of The State Of Utah - ConBt. 1206 No. 250 West, S Douglas 500 West, Renter Barry Thome, 1641 So. Emerald Hills, Owner $14,000 DeWool, 'No. Owner E.T. Clark, 945 So. Main No. Single Family Dwelling .Fred 2, Renter 200 No. Irene Jenkins, 629 So. 400 East 6 Renter 4 Valley Center Bldg. 7029 Copper Hills Drive 2583-8- FRIDAY, JANUARY 18, 1974 THE DAILY RECOID Valley Center Blcfg. 7149 West 3870 South ' ir FOUR PAGE S. " fc |