No. 1 CA-CIV 5329.

133 Ariz. 42 (1982)

648 P.2d 1048

Robert KIRBY, Plaintiff-Appellant, v. Joe X. ROSELL and Sharon Rosell, Defendants-Appellees.

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

Rehearing Denied June 17, 1982.

Review Denied July 13, 1982.

Attorney(s) appearing for the Case

Machmer, Schlosser & Meitz, Ltd. by Gerald A. Machmer, Robert E. Siesco, Jr., Phoenix, for plaintiff-appellant.

Treon, Warnicke & Roush, P.A. by Douglas G. Martin, Gerrie Apker Kurtz, Phoenix, for defendants-appellees.


OGG, Presiding Judge.

The issue raised in this appeal is whether the trial court abused its discretion by granting a motion for new trial on the basis of a juror's affidavit that the jury considered notes from a business law textbook which were not part of the evidence.

Appellant Robert Kirby brought a complaint against appellees Joe X. and Sharon Rosell alleging fraud in connection with business transactions between the parties. The Rosells...

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