HOMECRAFT CORP. v. FIMBRES

No. 2 CA-CIV 2709.

119 Ariz. 299 (1978)

580 P.2d 760

HOMECRAFT CORPORATION, an Arizona Corporation, Appellant, v. Eduardo FIMBRES and Lupe Fimbres, husband and wife, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 17, 1978.

Review Denied June 8, 1978.


Attorney(s) appearing for the Case

King & Frisch by James C. Frisch and Peter C. Seagle, Tucson, for appellant.

Biggers & Enriquez by John W. Biggers, Tucson, for appellees.


OPINION

HOWARD, Judge.

This appeal concerns a mechanic's and materialman's lien foreclosure action in which judgment and execution were set aside by the trial court pursuant to appellees' motion for relief from judgment.

A fence located on the property of Eduardo and Lupe Fimbres was damaged by a severe windstorm which struck Tucson on July 24, 1975. Upon recommendation of their insurance agent, the Fimbres contacted Stephen Ash, president of appellant...

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