WILCOX v. WALDMAN

1 CA-CIV 9004.

154 Ariz. 532 (1987)

744 P.2d 444

Donald L. WILCOX, D.D.S. and Shelley K. Wilcox, husband and wife, Plaintiffs-Appellants, v. Donald A. WALDMAN and Jane Doe Waldman, husband and wife, Defendants-Appellees.

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

Reconsideration Denied July 1, 1987.

Review Denied October 14, 1987.


Attorney(s) appearing for the Case

Harrison & Lerch, P.C. by Stephen M. Dichter, Mary E. Berkheiser, Lee Allen Johnson, Phoenix, for plaintiffs-appellants.

McLoone, Theobald & Galbut, P.C. by Mack T. Jones, Phoenix, for defendants-appellees.


OPINION

GRANT, Presiding Judge.

Appellants Donald L. Wilcox and his wife Shelley K. Wilcox (Wilcox), settlors and beneficiaries under a trust agreement, brought suit against the trustee, Donald A. Waldman, and his wife, (Waldman or trustee) for breach of fiduciary duty. From a summary judgment ruling dismissing the claims against the trustee, Wilcox appeals.

FACTS

Wilcox entered into an asset purchase agreement on September 5, 1985, with James...

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