[DOWNLOAD] "Churchill v. Mayo" by Supreme Court Of Utah ~ Book PDF Kindle ePub Free

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eBook details

• Title: Churchill v. Mayo
• Author : Supreme Court Of Utah
• Release Date : January 03, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Appellant, Evelyn Churchill, appeals from a summary judgment rendered by the trial court in favor of appellee, Donna Mayo, as administratrix of the estate of the decedent, Kenneth David Churchill. The trial courts judgment found that Evelyn had abandoned her homestead rights in the property that is the subject of this dispute and ordered Mayo to sell the homestead property and partition the proceeds. In her first three issues, Evelyn asserts that the trial court erred by erroneously sustaining the objections to her summary judgment affidavit and striking the affidavit, and by rendering summary judgment against her, because her affidavit, if properly considered, raised a genuine issue of material fact on Mayos claim that Evelyn was not entitled to and had abandoned the homestead. We conclude that the trial court erred in sustaining Mayos objections to Evelyns affidavit, which should have been considered by the trial court as part of Evelyns summary judgment evidence. We further conclude that the affidavit and copies of tax statements from 2002 were sufficient evidence to raise a genuine issue of material fact on the issue of whether Evelyn had abandoned the homestead. We therefore reverse the judgment and remand the cause.

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