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Elite Legacy Corp. v. Schvaneveldt, 2016 UT App 228 (Nov. 17, 2016)

Nov 17, 2016

This appeal arose from a dispute over a real estate sales commission.  The defendant who lost at trial filed several Rule 60(b) motions seeking to vacate the judgment, including an argument that the court lacked jurisdiction because the principal broker of the real estate agency (which operated under an assumed name) was not a plaintiff, and therefore the plaintiffs lacked standing to sue for the commission.  The court rejected these arguments, holding that the plaintiffs had traditional standing to sue, and that their lack of legal capacity to sue under the Assumed Name statute did not deprive the court of jurisdiction.