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TENA v. YORGULEZ

No. 2 CA-CIV 1821.

24 Ariz. App. 311 (1975)

538 P.2d 398

Aurelia TENA, Carmen Rivera, Celia Farreira and Virginia Bejarano, each a married woman acting in her respective sole and separate right, Appellants, v. Maria YORGULEZ, a married woman in her sole and separate right, Jose Yorgulez and Maria Yorgulez, husband and wife, Jesusita Blanco, a married woman in her sole and separate right, and Enrique Blanco and Jesusita Blanco, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 11, 1975.

Review Denied October 21, 1975.

Attorney(s) appearing for the Case

Stephen Paul Barnard, Ronald R. List, Tucson, for appellants.

Everett, Bury & Moeller, P.C. by J. Michael Moeller, Tucson, for appellees Yorgulez.

James F. Haythornewhite, Nogales, for appellees Blanco.

OPINION

KRUCKER, Judge.

This is an appeal from a judgment rendered for defendants-appellees after the trial court, sitting as the trier of fact, dismissed plaintiffs-appellants' complaint on the merits pursuant to Rule 41(b), Rules of Civil Procedure, 16 A.R.S. The sole question presented is whether appellants' action to recover fractional interests in a parcel of realty was barred by the applicable statute of limitations, A.R.S. § 12-523.

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