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ROSS v. BARTZ

No. 2 CA-CV 88-0118.

158 Ariz. 305 (1988)

762 P.2d 592

Arthur ROSS, Plaintiff/Appellee, v. Jay I. BARTZ and Marian Bartz, husband and wife; Jay I. Bartz, Ltd., a professional corporation; Sandia Investments, S.A., Defendants/Appellants.

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

Review Denied October 25, 1988.

Attorney(s) appearing for the Case

Thomas A. Thinnes, P.A. by Thomas A. Thinnes and Martin Lieberman, Phoenix, for plaintiff/appellee.

Beer & Toone, P.C. by Stephen C. Ryan, Phoenix, for defendants/appellants.

OPINION

LACAGNINA, Chief Judge.

Jay Bartz and Sandia Investments, S.A., appeal from the trial court's order granting a new trial, ruling that it had erred in failing to instruct the jury on breach of fiduciary duty or trust, in an action brought by Arthur Ross against Bartz and Sandia for legal malpractice and/or breach of fiduciary duty based upon Bartz's investment of Ross's money held in trust by Bartz. Bartz argues that the acceptance of client's funds...

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