[Download] "Cherne Industries v. Juan Magallanes" by Supreme Court Of Utah ~ Book PDF Kindle ePub Free

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eBook details

• Title: Cherne Industries v. Juan Magallanes
• Author : Supreme Court Of Utah
• Release Date : January 25, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

This is a limited appeal from an award of guardian ad litem fees in connection with the settlement of a wrongful death action. The principal issue before this court is whether the petitioner, Cherne Industries, Inc., timely requested the trial court to make findings of fact and conclusions of law regarding the award. After holding that Cherne did not make a timely initial request to the trial court, the court of appeals, in an unpublished opinion, affirmed the award. We hold that Chernes initial request was timely, and thus that the trial court failed in its mandatory duty to prepare and file findings of fact and conclusions of law. Because it does not affirmatively appear that this failure was harmless to Cherne, we reverse the judgment of the court of appeals and remand to that court to direct the trial court to file findings and conclusions in compliance with Chernes request.

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