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Basin Auto Paint Specialists Inc. v. Ultimate Autobody and Accessories LLC, 2018 UT App 76 (Apr. 26, 2018).

Apr 26, 2018

While a summary judgment motion was pending at the district court, counsel for Ultimate Auto Body filed an improper notice of intent to withdraw. Although arguing that the notice of intent to withdraw was improper, Basin proceeded to serve subsequent filings directly to Ultimate Autobody.  Ultimate Autobody did not respond to the summary judgment motion, which was then granted by the district court due to the lack of a response.  The court of appeals held that the failure to serve a notice to appear or appoint, combined with failure to serve counsel who attempted to withdraw, deprived the other party of proper notice and fundamental fairness.