In re Estate of Rufus C. Willey

In 2014, Don McBroom, grandson of Rufus Call Willey, founder of R.C. Willey, filed a petition with the Second District Court to review his motion under Utah R. Civ. P. 60(b) seeking to set aside two Second District Court orders relating to McBroom’s interests in the business. The orders were entered in 1973 and 1975, respectively. The district court denied McBroom’s Rule 60(b) motion. The Supreme Court affirmed, holding that the district court did not err in denying McBroom’s Rule 60(b) motion because (1) McBroom did not appropriately file for relief under paragraph (6), and, instead, his claims fall under paragraphs (3) and (4); (2) McBroom’s claims under paragraph (b)(3) are untimely; and (3) McBroom’s claims under paragraph (b)(4) fail on their merits. View "In re Estate of Rufus C. Willey" on Justia Law