POGGI v. KATES

No. 12820.

115 Ariz. 157 (1977)

564 P.2d 380

Loretta Jean POGGI, Appellant, v. Michael J. KATES and Elaine Kates, his wife, Barry R. Kaplan and Sheila Kaplan, his wife, Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied May 24, 1977.


Attorney(s) appearing for the Case

Herring & Stephan by Norman Herring and Robert Stephan, Jr., Phoenix, for appellant.

Browder & Gillenwater, P.C. by Robert W. Browder, Phoenix, for appellees.


CAMERON, Chief Justice.

Loretta Jean (Marconi) Poggi, plaintiff below, appeals from an order of the trial court granting the motion of the defendants for summary judgment.

We have only one question on appeal and that is whether the plaintiff had the right to cancel or rescind a settlement of a personal injury suit when the defendants failed to pay the amount agreed upon within a reasonable length of time.

In reviewing the action of the trial court...

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