GHYSELINCK v. BUCHANAN

No. 1 CA-CIV 1233.

13 Ariz. App. 125 (1970)

474 P.2d 844

Gilbert GHYSELINCK and Dolores C. Ghyselinck, his wife, Appellants, v. Robert E. BUCHANAN and Mildred W. Buchanan, his wife, Robert C. Hamilton and Halo Lenore Hamilton, his wife, and Robert E. Buchanan and Robert C. Hamilton, dba Tubobs Just Good Food, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

October 1, 1970.


Attorney(s) appearing for the Case

Rawlins, Ellis, Burrus & Kiewit, by Chester J. Peterson, Phoenix, and Kenneth J. Lincoln, Flagstaff, for appellants.

Babbitt, Garbarino & Meyers, by Joseph R. Babbitt, Flagstaff, for appellees.


JACOBSON, Judge.

In this action for reformation of a lease, plaintiffs-appellants appeal from a judgment entered in favor of defendants-appellees and from an order denying their motion for a new trial based on newly discovered evidence.

We note initially that appellees have failed to file an answering brief in this court. Such failure has been held by our Supreme Court to be a confession of error when the opening brief has presented issues that are at least...

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