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EMMONS v. SUPERIOR COURT

No. 1 CA-SA 96-0352.

968 P.2d 582 (1998)

192 Ariz. 509

Cynthia D. EMMONS, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Paul Katz, a judge thereof, Respondent, WARNER-LAMBERT COMPANY, doing business through its Parke-Davis division, a foreign corporation, Larry Moeckel and Geraldine Moeckel, husband and wife, Real Parties in Interest.

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

Reconsideration Denied April 17, 1998.

Review Denied December 7, 1998.

Attorney(s) appearing for the Case

Teilborg, Sanders & Parks, P.C. by James A. Teilborg, Alison Lewis, Melinda Cekander, and Fennemore Craig, P.C. by Kenneth J. Sherk, Phoenix, for Petitioner.

Law Offices of Tracy A. Gromer by Tracy A. Gromer, and Ulrich, Kessler & Anger, P.C. by Paul G. Ulrich, Phoenix, and The Ranger Law Firm by Edward M. Ranger, Chris D. Soto, Scottsdale, for Real Parties in Interest.

OPINION

PATTERSON, Judge.

¶ 1 Petitioner, Cynthia Emmons, entered into a written settlement agreement with the Real Parties in Interest (collectively Warner-Lambert). Warner-Lambert filed a motion to set aside the settlement agreement on the grounds of mutual mistake of fact. The trial court granted the motion, and Emmons filed this special action seeking enforcement of the settlement agreement. We previously...

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