WERSCH v. RADNOR/LANDGRANT

No. 1 CA-CV 97-0059.

961 P.2d 1047 (1997)

192 Ariz. 99

Elizabeth Ellen WERSCH, a married woman, dealing with her sole and separate property; Elizabeth Ellen Wersch and Michael Wersch, wife and husband, Plaintiffs-Appellants, v. RADNOR/LANDGRANT—A PHOENIX PARTNERSHIP, an Arizona general partnership, Defendant-Appellee.

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

Review Denied September 10, 1998.


Attorney(s) appearing for the Case

Begam, Lewis, Marks & Wolfe, P.A. by Steven M. Friedman, Lisa Kurtz, Phoenix, for Plaintiffs-Appellants.

Teilborg, Sanders & Parks by John C. Gemmill and Christian K.G. Henrichsen, Phoenix, for Defendant-Appellee.


LANKFORD, Judge.

Plaintiffs appeal the trial court's ruling which disallowed their acceptance of a Rule 68 offer of judgment after the court had entered summary judgment against them. The sole issue on appeal is whether plaintiffs could accept defendant's offer of judgment. Because a judgment nullifies a Rule 68 offer of judgment, plaintiffs could not accept the offer. We therefore affirm the trial court's ruling.

We begin with the procedural history leading...

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