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GULF HOMES, INC. v. BERON

No. 17437-PR.

141 Ariz. 624 (1984)

688 P.2d 632

GULF HOMES, INC., Plaintiff/Appellant/Cross-Appellee, v. Wilfred G. BERON and Kathryn Beron, husband and wife, Defendants/Appellees/Cross-Appellants.

Supreme Court of Arizona, In Banc.

Reconsideration Denied October 23, 1984.

Attorney(s) appearing for the Case

Stephen C. Birringer, Scottsdale, for plaintiff/appellant/cross-appellee.

Southern Arizona Legal Aid, Inc., Tucson by Charles R. Pyle, for defendants/appellees/cross-appellants.

CAMERON, Justice.

Wilfred and Kathryn Beron brought this petition for review of a memorandum decision of the Court of Appeals, which held that the trial court erred in entering a default judgment against the plaintiff, Gulf Homes, Inc. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3) and A.R.S. § 12-120.24.

We must answer two questions:

1. Was the failure of the deponent, Max Morgan, President of Gulf Homes, Inc., to answer questions...

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