CACHENOS v. BAUMANN

No. 1 CA-CIV 2715.

25 Ariz. App. 502 (1976)

544 P.2d 1103

Faith CACHENOS, a widowed woman, Appellant, v. Marcus T. BAUMANN and Rachel Baumann, husband and wife, Bankers' Finance & Holding Company, Western Surety Company, Kenneth R. Lavin, Kenneth R. Lavin and George J. Lucero d/b/a Lake Havasu Estates, the Estate of Ben Chittenden, Deceased, and Arizona Real Estate Department, Appellees.

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

January 22, 1976.


Attorney(s) appearing for the Case

Bonn, Anderson & Moore, by Jeffrey D. Bonn, Phoenix, for appellant.

Sorenson, Esser & Moore, by George Sorenson, Jr., Phoenix, for Western Surety Co.

Steven M. Friedman, Phoenix, for Kenneth R. Lavin.

Bruce E. Babbitt, Atty. Gen., by James W. Woodcock, Asst. Atty. Gen., Phoenix, for Arizona Real Estate Department and Estate of Chittenden, deceased.

Acer & Kennedy, by John W. Acer, Phoenix, for Bankers' Finance & Holding Co.


OPINION

JACOBSON, Presiding Judge.

The sole issue raised by this appeal is whether the trial court abused its discretion in applying the dead man statute, A.R.S. § 12-2251, under the circumstances of this case.

While this matter arose under cross motions for summary judgment, the parties stipulated that the trial court, in determining whether there were any disputed issues of material fact should also determine the applicability of A.R.S. §...

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