McCUTCHEN v. HILL

No. 18212-PR.

147 Ariz. 401 (1985)

710 P.2d 1056

Melodie L. McCUTCHEN aka Melodie L. York, Plaintiff/Appellant, v. Jerry HILL, Sheriff of Maricopa County, and Deputy Gregory Williams, Deputy Sheriff of Maricopa County; Transamerica Insurance Company, a California corporation, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

December 10, 1985.


Attorney(s) appearing for the Case

Mahoney, Lehman, Rood & Rempe, P.C., by John Rood, Phoenix, for plaintiff/appellant.

Roderick MacMillan, Deputy Maricopa County Atty., Phoenix, for defendants/appellees.


FELDMAN, Justice.

We have accepted review of this matter primarily to interpret an ambiguity in Rule 59, Ariz.R.Civ.P., 16 A.R.S. Review was granted pursuant to Rule 23, Ariz.R.Civ. App.P., 17A A.R.S. We have jurisdiction under Ariz. Const. art. 6, § 5(3) and A.R.S. § 12-120.24.

The important facts are not in dispute. On March 5, 1973, a decree dissolving the marriage of Mr. and Mrs. York was entered by the Maricopa County Superior Court. Mr. York...

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