NACKARD v. WOLFSWINKEL

No. 1 CA-CIV 2953.

116 Ariz. 348 (1977)

569 P.2d 290

George NACKARD and B.B. Bonner, Jr., Appellants, v. Clifford L. WOLFSWINKEL and Eleanor M. Wolfswinkel, his wife, the heirs and assigns of Clifford L. Wolfswinkel and Eleanor M. Wolfswinkel, his wife, and North Star Development Corporation, an Arizona Corporation, the successors and assigns of North Star Development Corporation, an Arizona Corporation, Appellees.

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

Rehearing Denied August 26, 1977.

Review Denied September 27, 1977.


Attorney(s) appearing for the Case

Rawlins, Ellis, Burrus & Kiewit by William H. Burrus, Phoenix, for appellant Nackard.

Stevenson, Warden, Smith & Brooks by Jerry L. Smith, Flagstaff, for appellant Bonner.

Burns, Ferrin & Ehrenreich by F. Britton Burns, J. Scott Burns, Arthur D. Ehrenreich, Phoenix, for appellees Wolfswinkel.

Levin B. Ferrin, Phoenix, for appellee North Star.


OPINION

SCHROEDER, Presiding Judge.

In this appeal from an extensive trial to the court in a complex real estate matter, the sole question presented is whether, after appellants had requested a jury trial pursuant to Rule 38, Arizona Rules of Civil Procedure, there was any sufficient waiver of a jury trial under Rule 39, Arizona Rules of Civil Procedure.

Appellants, who were the defendants below, filed a motion to set coupled with a request for jury...

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