Transportation Alliance Bank, Bank of American Fork, and Mrs. Fields Confections, LLC, Appellees,
International Confections Company, LLC, NG Acquisition, LLC, and Michael D. Ryan, Appellants.
District Court, Salt Lake The Honorable Laura S. Scott No.
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
Craig Parry, Joseph M.R. Covey, Salt Lake City, for appellees
Wasatch Peak Holdings, LLC and Dynamic Confections, Inc.
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.
recused themselves, Justice Durham does not participate
herein; Court of Appeals Judge Gregory K. Orme sat.
Associate Chief Justice.
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.
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.
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 ...