· 7/10/1990
Landes v. Capital City Bank
Citations
- 795 P.2d 1127
- 138 Utah Adv. Rep. 6
- 1990 Utah LEXIS 55
- 1990 WL 97092
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating basic purpose of Rule 19 is “ ‘to protect the interests of absent persons as well as those already before the court from multiple litigation or inconsistent judicial determinations’ ” (citation omitted)
- stating “that because the SBA authorized [the bank] to sue on the [business] note and guaranties, the absence of the SBA does not prevent the guarantors from obtaining complete relief”
- declining to address feasibility issue because absent party was not necessary under Rule 19(a)
- \Only if we first find [a party] to be a necessary party can we properly proceed to the 19(b) question of indispensability.\
- “We accord no particular deference to conclusions of law, whether made by the trial court or the court of appeals, but review such conclusions for correctness.”
- court erred by failing to discuss specific facts and reasoning leading to conclusion that party is or is not necessary or indispensable under Rule 19
Source: CourtListener parenthetical corpus (CC0).
Judges: Zimmerman, Hall, Howe, Stewart, Durham
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.