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Transportation Alliance Bank v. International Confections Co., LLC

Supreme Court of Utah

August 29, 2017

Transportation Alliance Bank, Bank of American Fork, and Mrs. Fields Confections, LLC,[1] Appellees,
v.
International Confections Company, LLC, NG Acquisition, LLC, and Michael D. Ryan, Appellants.

         On Direct Appeal

         Third District Court, Salt Lake The Honorable Laura S. Scott No. 140907314

          Steven C. Strong, Bradley M. Strassberg, Salt Lake City, for appellee Mrs. Fields Confections, LLC

          Adelaide Maudsley, Justin W Starr, Salt Lake City, for appellee Bank of American Fork

          Douglas J. Payne, Salt Lake City, for appellee Arcadia Holdings, LLC

          D. Craig Parry, Joseph M.R. Covey, Salt Lake City, for appellees Wasatch Peak Holdings, LLC and Dynamic Confections, Inc.

          Karra J. Porter, Salt Lake City, Rex H. Elliott, Barton R. Keyes, Columbus, Ohio, for appellants

          Associate Chief Justice Lee authored the opinion of the Court, in which Chief Justice Durrant, Justice Himonas, Judge Orme, and Justice Pearce joined.

          Having recused themselves, Justice Durham does not participate herein; Court of Appeals Judge Gregory K. Orme sat.

          OPINION

          Lee, Associate Chief Justice.

         ¶1 International Confections Company, LLC asks us to set aside a district court order approving a receivership sale of its assets to a third party. We dismiss the appeal as moot because there is no relief requested that this court has the power to grant.

         I

         ¶2 In October 2014, Transportation Alliance Bank (T.A.B.) filed a verified complaint in the Third District Court. T.A.B.'s complaint alleged that International Confections Company, LLC; NG Acquisition, LLC; and Michael D. Ryan had breached a loan agreement and related payment guarantee with T.A.B. T.A.B. also sought the appointment of a receiver to manage International Confections' assets, as provided in the loan agreement.

         ¶3 After T.A.B. filed its complaint, several of International Confections' other creditors-including Bank of American Fork- moved to intervene in the case. Thereafter, International Confections stipulated to these other creditors' intervention, even though the intervenors had not filed a formal pleading accompanying their motions to intervene as required by rule 24 of the Utah Rules of ...


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