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THERIAULT v. SCOTTSDALE ENTERPRISES

No. 2 CA-CV 87-0268.

157 Ariz. 77 (1987)

754 P.2d 1352

George THERIAULT and Florence Theriault, dba Auctions by Theriault, Plaintiffs/Appellants, v. SCOTTSDALE ENTERPRISES, a partnership, dba Scottsdale Hilton Hotel, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied January 26, 1988.

Review Denied June 21, 1988.

Attorney(s) appearing for the Case

John S. Schaper, Phoenix, for plaintiffs/appellants.

Lewis & Roca by Janet Napolitano and David J. Cantelme, Phoenix, for defendant/appellee.

OPINION

HOWARD, Presiding Judge.

This is an appeal from the granting of a summary judgment. Appellee contends this appeal is untimely. We agree.

Appellee responded to appellants' complaint by filing an answer and a counterclaim in the trial court. The summary judgment which was entered by the court in March 1986 did not dispose of the counterclaim and did not contain language pursuant to Rule 54(b), Rules of Civil Procedure, 16 A.R.S., which gives...

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