Windsor Mobile Estate v. Seazy, 2019 UT App 44 (March 21, 2019)

In this appeal from an order dismissing claims for failure to prosecute, the Court of Appeals addressed “the misuse of a third-party action,” which it described as a common mistake, and took an “opportunity to remind practitioners of the quite limited proper usage of third-party complaints.”  It explained, “a third-party claim may be asserted under Rule 14(a) only when the third party’s liability is in some way dependent on the outcome of the main claim or when the third party is secondarily liable to the defending party.”