FOSTER v. BROOKS

No. 1 CA-CIV 761.

7 Ariz. App. 320 (1968)

438 P.2d 952

Rosemary FOSTER, Petitioner, v. J. Thomas BROOKS, Judge of the Superior Court of the State of Arizona, In and For the County of Coconino, Respondent, Joseph E. Patrick, Respondent-Real Party in Interest.

Court of Appeals of Arizona.

Rehearing Denied April 29, 1968.


Attorney(s) appearing for the Case

Stevenson, Warden & Smith, by Jerry L. Smith, Flagstaff, for petitioner.

Goodson, Richmond & Rose, by John F. Goodson, Phoenix, for respondent, Joseph E. Patrick.


STEVENS, Judge.

In the above numbered Superior Court cause, the Respondent Judge granted the motion of Patrick to strike the answer of the petitioner to Patrick's counterclaim and to enter the petitioner's default in relation to the counterclaim by reason of her failure to appear for the taking of her deposition. The rule pursuant to which the Respondent Judge entered his order is Rule 37(d), Rules of Civil Procedure, 16 A.R.S., which reads, in part, as follows:<...

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