COPELAND v. CITY OF YUMA

No. 1 CA-CV 88-266.

160 Ariz. 307 (1989)

772 P.2d 1160

Robert E. COPELAND and Gail M. Copeland, husband and wife, Plaintiffs-Appellees, v. CITY OF YUMA, an Arizona body politic; Roman O. Magdalena, an individual, Defendants-Appellants.

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

April 11, 1989.


Attorney(s) appearing for the Case

Bilby & Shoenhair, P.C. by Kenneth L. Allen and Paul A. Relich, Tucson, for plaintiffs-appellees.

Mower, Koeller & Nebeker by Robert N. Clark, Yuma, for defendants-appellants.


OPINION

FIDEL, Judge.

On March 25, 1988, a jury returned a $40,000 verdict in plaintiffs' favor in a personal injury action against the City of Yuma and one of its employees. On April 13, 1988, defendants filed a motion for judgment notwithstanding the verdict and a motion for new trial. Because the motion was filed beyond the fifteen day time limit of Rule 59, 16 A.R.S. Arizona Rules of Civil Procedure, it was stricken as untimely. On April 25, 1988, defendants...

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