No. 2 CA-CIV 3888.

130 Ariz. 270 (1981)

635 P.2d 863

Carol M. DALTON, in her individual capacity and as the Personal Representative of the Estate of Martin M. Dalton; Leewood Nursing Home, Inc., an Arizona corporation, Plaintiffs/Appellants/Cross Appellees, v. William F. McLAUGHLIN, in his sole and separate capacity, Defendant/Appellee/Cross Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 2, 1981.

Review Denied October 6, 1981.

Attorney(s) appearing for the Case

Gallup & Rod by Wayne G. Rod, Tucson, for plaintiffs/appellants/cross appellees.

Stubbs & Townsdin, P.C. by Charles L. Townsdin, Jr., Tucson, for defendant/appellee/cross appellant.



Appellant commenced this action in the trial court by complaint for specific performance with an alternative count for damages. An amended complaint also added a third count for special damages. The trial court granted appellee's motion for summary judgment dismissing the complaint, as amended, leaving appellee's counterclaims for rent and to quiet title pending for determination.

The original judgment did not contain Rule...

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