Hendricks v. Interstate Homes, Inc
In Hendricks v. Interstate Homes, Inc. 745 P.2d 475, 478 (Ut. Ct. App. 1987), the Utah Court of Appeals outlined a general rule regarding counterclaims when considering a motion for summary judgment where it stated:
"It is a general rule that the presence of a counterclaim which is shown to be sham, frivolous, or without merit is not in itself a bar to relief under summary judgment statutes and rules. On the other hand, the presence of a counterclaim predicated upon a good and substantial cause justifying a trial may bar a plaintiff's motion for summary judgment on his complaint or may preclude the court from ordering execution of the judgment pending the determination of the counterclaim. As a general thing, a claim predicated upon a good and substantial cause justifying trial is an insuperable objection to summary judgment where it is in excess of the amount demanded in the complaint. . ." Id.