REPUBLIC NAT. LIFE INS. CO. v. RUDINE

No. 1 CA-CIV 5539.

137 Ariz. 62 (1983)

668 P.2d 905

REPUBLIC NATIONAL LIFE INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. Roger S. RUDINE, also known as Roger S. Rodine, and Thomas Caprino, individually and as general partners of R and C Trust Company, a partnership, Defendants-Appellees.

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

Rehearing Denied April 5, 1983.

Review Denied June 8, 1983.


Attorney(s) appearing for the Case

Holland & Postal by Robert W. Holland, Phoenix, for plaintiff-appellant.

Treon, Warnicke & Roush, P.A. by Ronald E. Warnicke, Gerrie Apker Kurtz, Charles D. Roush, Phoenix, for defendants-appellees.


OPINION

FROEB, Presiding Judge.

The parties in this case were locked in dispute over amounts due under a note secured by a deed of trust. In the face of an approaching deadline, they entered into a stipulation that pending claims be dismissed with prejudice and judgment was entered accordingly. The following day, the party whose claims were dismissed moved to set the judgment aside on the ground of duress. The motion was granted and this appeal followed. We...

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