JEPSON v. NEW

Nos. CV-89-0058-PR, CV-89-0106-PR.

164 Ariz. 265 (1990)

792 P.2d 728

Timothy W. JEPSON and Deborah J. Jepson, husband and wife, Plaintiffs/Appellants, v. Cynthia Joanne NEW, a single woman; James New and Jane Doe New, husband and wife; Irene Hasal, a single woman; and Stephen Brown and Harriet Brown, husband and wife, Defendants/Appellees. John FLYNN, Plaintiff/Appellant, v. CORNOYER-HEDRICK ARCHITECTS & PLANNERS, INC., an Arizona corporation; Okland Construction Company, Inc., a Utah corporation; Charles W. Akerlow and Jane Doe Akerlow, husband and wife; Brent R. Dyer and Jane Doe Dyer, husband and wife; John J. Thomas and Jane Doe Thomas, husband and wife; Okland, Ltd., Inc., a Utah corporation doing business as Camelback and 33rd Street Partnership, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

May 10, 1990.


Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Gerald Gaffaney and Leslie A. Kresin, Phoenix, for plaintiffs/appellants Jepson.

Crampton, Woods, Broening & Oberg by Brian Holohan, Phoenix, for defendants/appellees New.

Johnston, Maynard, Grant & Parker by Daniel D. Maynard and Clifford J. Roth and M. Robert Dauber, Phoenix, for defendants/appellees Hasal and Brown.

Donald R. Crowell, Phoenix, for plaintiff/appellant Flynn.

Romley & Romley by Arthur E. Romley, Phoenix, for defendant/appellee Cornoyer-Hedrick Architects & Planners, Inc.

Teilborg, Sanders & Parks by Bradley R. Jardine and Alison Lewis, Phoenix, for defendants/appellees Okland Const. Co., Inc., Akerlow, Dyer, Thomas, Okland, Ltd. and Camelback and 33rd Street Partnership.


LACAGNINA, Judge.

John Flynn's personal injury action was dismissed for lack of prosecution after the trial court denied his motion to continue the case on the court's inactive calendar under Uniform Rule V(e), Ariz.Uni.R.P.Super.Ct., 17B A.R.S. Additionally, the trial court denied his request for relief under Ariz.R. Civ.P. 60(c), 16 A.R.S., and A.R.S. § 12-504, this state's savings statute, and the court of appeals affirmed. Flynn v. Cornoyer-Hedrick Architects...

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