J-R CONST. v. PADDOCK POOL CONST.

No. 1 CA-CIV 4730.

128 Ariz. 343 (1981)

625 P.2d 932

J-R CONSTRUCTION CO., an Arizona Corporation, Plaintiff-Appellee, v. PADDOCK POOL CONSTRUCTION CO., an Arizona Corporation, Defendant-Appellant.

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

Rehearing Denied March 10, 1981.

Review Denied March 31, 1981.


Attorney(s) appearing for the Case

Thayer C. Lindauer, P.C. by Thayer C. Lindauer, Phoenix, for plaintiff-appellee.

Jennings, Strouss & Salmon by Charles M. Santaguida, Phoenix, for defendant-appellant.


OPINION

McFATE, Judge (Retired).

The issue on appeal is whether the trial court abused its discretion in setting aside its previous judgment dismissing appellee's complaint.

Appellee brought suit against appellant for damages for breach of a construction contract. Discovery procedures were commenced by both sides. Following appellee's repeated delays in answering interrogatories, appellant brought a motion to compel discovery. The parties stipulated...

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