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IN THE UTAH COURT OF APPEALS ----ooOoo---Donald J. Carvelas, Plaintiff and Appellant, v. Summit Financial Resources, L.P., Defendant and Appellee. ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20051111-CA F I L E D (October 26, 2006) 2006 UT App 436

----Third District, Salt Lake Department, 050909568 The Honorable Sandra N. Peuler Attorneys: Gregory W. Stevens, Salt Lake City, for Appellant John A. Beckstead and David P. Williams, Salt Lake City, for Appellee ----Before Judges Bench, Billings, and Orme. BILLINGS, Judge: Plaintiff Donald J. Carvelas appeals the trial court's order granting summary judgment in favor of Defendant Summit Financial Resources L.P. (Summit). Carvelas argues that the trial court erred in determining that the employment agreement (the Agreement) between Carvelas and Summit was unambiguous and that Summit stated sufficient grounds for Carvelas's termination. We affirm. First, Carvelas contends that the trial court erred in concluding that the Agreement did not require payment of the claimed bonuses for 2000 and 2001. He argues that summary judgment is improper because, based on his "reasonable interpretation" of Exhibit B to the Agreement, the language of the Agreement is ambiguous as to the payment of bonuses. A contract provision is ambiguous "'if it is capable of more than one reasonable interpretation because of uncertain meanings of terms, missing terms, or other facial deficiencies.'" Uintah Basin Med. Ctr. v. Hardy, 2005 UT App 92,

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