Boyd Corbett and Keith Gurr v. Lee A. Book Reviews

Boyd Corbett and Keith Gurr v. Lee A. by Supreme Court Of Utah Book Summary

HANSON, District Judge: This case, which is before the Court a second time, involves various real estate transactions among the parties regarding property located in Cedar Valley, Utah. The first appeal was from the original judgment entered by the trial court following a trial where both plaintiffs' and defendants' reciprocal claims were considered. The parties' status as appellants or respondents does not change in this subsequent appeal. The first appeal was taken by plaintiffs Corbett, Gurr, and Utah Ranchlands from judgments entered by the trial court on May 17, 1982, and June 29, 1982. Plaintiffs appealed from judgments for both defendants Lee A. Fitzgerald and Helen Fitzgerald (hereinafter defendants I) and defendants Perry G. Fitzgerald and Carolyn S. Fitzgerald (hereinafter defendants II). Both appeals were dismissed with prejudice by the Court on November 1, 1982. Corbett v. Fitzgerald, Utah, No. 18529, appeal dismissed (Nov. 1, 1982); Corbett v. Fitzgerald, Utah, No. 18594, appeal dismissed Nov. 1, 1982). Subsequent to this Court's dismissal of the original appeals, defendants II brought before the trial court a motion seeking an order requiring plaintiffs to appear and show cause why the original judgment between plaintiffs and defendants II should not be amended and corrected. The nature of the requested amendment and correction was to enter an award of money damages to defendants II against plaintiffs rather than the original order and judgment of reconveyance that had been entered by the trial court in its May 17, 1982 judgment. The basis for the motion for an order to show cause was that the real property could not be reconveyed inasmuch as plaintiffs had disposed of the property to third parties. An order to show cause was issued, and several hearings were held by the trial court. Following the hearings, the trial court found that plaintiffs could not reconvey, and after receiving testimony regarding the value of the properties, the trial court entered a money judgment in lieu of its original judgment of reconveyance in favor of defendants II and against plaintiffs.

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