Marziale v. Spanish Fork City

A credit card error that caused Carole and James Marziale’s complaint against Spanish Fork City to be rejected did not affect the timeliness of the Marziales’ filing.The Marziales submitted a personal injury complaint with an undertaking in the Provo division of the Fourth Judicial District against the City. The status history showed that a clerk manually rejected the filing due to a credit card error. After the statute of limitation for their claim expired, the Marziales’ learned that their filings had been rejected. They refiled the complaint and undertaking in the Provo division, and it was accepted with proper payment. The City filed a motion for summary judgment, arguing that the court lacked jurisdiction over the action because the filing date was outside of the statute of limitations. The court granted the motion. The court of appeals reversed. The Supreme Court reversed, holding that the Marziales’ credit card payment error did not affect the validity of the filing of their complaint or undertaking under Utah R. Civ. P. 3, and therefore, the Marziales’ filings were timely filed. View "Marziale v. Spanish Fork City" on Justia Law