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McBRIDE v. KIECKHEFER ASSOCIATES, INC.

No. 1 CA-CV 09-0299.

265 P.3d 1061 (2011)

Gerald L. McBRIDE, Plaintiff/Counterdefendant/Appellant, and Billie T. McBride, Counterdefendant/Appellant, v. KIECKHEFER ASSOCIATES, INC., an Arizona corporation; Eugene P. Polk and Barbara J. Polk, husband and wife; and John I. Kieckhefer and Lynda B. Kieckhefer, husband and wife, Defendants/Counterclaimants/Appellees.

Court of Appeals of Arizona, Division 1.

November 3, 2011.

Attorney(s) appearing for the Case

Bonnett, Fairbourn, Friedman, & Balint, P.C., By William G. Fairbourn , Patrick T. Stanley , Phoenix, and Martin & Bonnett, PLLC, By Daniel L. Bonnett , Mark A. Bracken , Phoenix, Attorneys for Apellants.

Meyer Hendricks, PLLC By Ed Hendricks, Sr. , Brendan Murphy , Scott Mihalik , Phoenix, Attorneys for Appellees.

AMENDED OPINION

GEMMILL, Judge.

¶ 1 In this appeal we address the different roles of a trial judge when ruling on motions for judgment as a matter of law ("JMOL") compared to motions for new trial. We also address the different standards of appellate review applied to such rulings.

¶ 2 Appellants Gerald L. McBride and Billie T. McBride filed an action for damages against Appellees Kieckhefer Associates, Inc., Eugene P. Polk, Barbara J....

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