SUPPELAND v. NILZ

2 CA-CIV 3604.

128 Ariz. 43 (1980)

623 P.2d 832

Glenn SUPPELAND, Plaintiff/Appellee, v. Raymond P. NILZ, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 14, 1981.

Review Denied February 3, 1981.


Attorney(s) appearing for the Case

Murphy & Hazlett by Howard T. Roberts, Jr., Tucson, for plaintiff/appellee.

Haber & Mitchell by Douglas P. Mitchell, Tucson, for defendant/appellant.


OPINION

HATHAWAY, Chief Judge.

This appeal presents the question of whether dismissal of an action without prejudice pursuant to 17A A.R.S., Super.Ct. Uniform Prac.Rules, rule V(d), for lack of prosecution, revives an earlier arbitration award as the final judgment in the case.

The plaintiff instituted suit which was set for compulsory arbitration. After an award for the plaintiff, defendant appealed to the superior court pursuant to A.R.S. Sec. 12...

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