Goldenwest Fed. Credit Union v. Kenworthy, 2017 UT App 191 (Oct. 13, 2017).
Oct 13, 2017
In its January 12, 2017 opinion in this matter, the court reversed summary judgment granted to the defendant in the underlying contract dispute on statute of limitations grounds. The court reasoned that plaintiff’s complaint was not time-barred because the statute began to run on the maturity date of the loan of the installment contract. The court granted a petition for rehearing and changed the result from a reversal to an affirmance of the summary judgment. The court concluded that its reasoning for the earlier decision was sound, but that it could not consider the winning argument because the appellant had not preserved it and had not raised it on appeal.