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BIRD v. ROTHMAN

No. 2 CA-CIV 3763.

128 Ariz. 599 (1981)

627 P.2d 1097

James W. BIRD, A.I.A., Plaintiff/Appellant, v. Samuel ROTHMAN, an individual, James M. Elliott, an individual, and the Law Offices of Samuel Rothman and James M. Elliott, a partnership and Does 1 through 10, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 15, 1981.

Review Denied May 5, 1981.

Attorney(s) appearing for the Case

Maurer, Higginbotham & Harris by Charles D. Maurer, Jr., San Francisco, Cal., for plaintiff/appellant.

Fish, Briney, Duffield, Miller, Young & Adamson, P.C. by Richard Briney, Tucson, for defendants/appellees.

Peabody, Rivlin, Lambert & Meyers by Lewis A. Rivlin, Collister Johnson, Jr. and Robert J. Miller, Washington, D.C., for amici curiae American Consulting Engineer's Council and Arizona Consulting Engineer's Ass'n.

Carmichael, McClue & Powell, P.C. by J. Clayton Berger, Phoenix, for amici curiae Arizona Soc. of Architects, Inc. and American Institute of Architects.

OPINION

HATHAWAY, Chief Judge.

In this case we are asked to review the trial court's actions in a malicious prosecution, abuse of process, and negligence suit which terminated in favor of appellees, two Tucson attorneys, on all three counts. Appellant challenges summary judgment on the abuse of process and negligence counts, and a directed verdict for appellees on the malicious prosecution count at trial.

In February 1976, appellees, representing a...

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