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[DOWNLOAD] "Wells Fargo Bank, Minnesota, N.A. v. North Central Plaza I, L.L.P." by Supreme Court Of Utah * Book PDF Kindle ePub Free

Wells Fargo Bank, Minnesota, N.A. v. North Central Plaza I, L.L.P.

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eBook details

  • Title: Wells Fargo Bank, Minnesota, N.A. v. North Central Plaza I, L.L.P.
  • Author : Supreme Court Of Utah
  • Release Date : January 23, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 72 KB

Description

Wells Fargo Bank appeals from the trial courts judgment finding North Central Plaza I, L.L.P. (NCPI) entitled to condemnation proceeds and awarding $875,000 in damages as a result of the condemnation of certain property. The trial court determined entitlement to the proceeds through partial summary judgment. The jury determined the amount of damages. In three points of error, Wells Fargo contends: (1) the trial court erred in determining that NCPI was entitled to the condemnation proceeds; (2) the trial court erred in allowing NCPI to enforce its interpretation of the deed of trust because NCPI had committed defaults under the deed; and (3) the trial court erred in awarding attorneys fees to NCPI on its declaratory judgment claim. We sustain Wells Fargos first and third points of error. We reverse and render, in part, and remand, in part. We reverse the trial courts judgment and render judgment that Wells Fargo recover the $875,000 as damages for the condemnation. We reverse and remand the issue of attorneys fees to the trial court.


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