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NIELSON v. PATTERSON

No. CV-02-0330-SA.

65 P.3d 911 (2003)

204 Ariz. 530

Jennifer NIELSON and Larry Nielson, wife and husband, Petitioners, v. Hon. Cecil B. PATTERSON, Jr.; Hon. Jefferson L. Lankford; Hon. G. Murray Snow; Judges of the State of Arizona, in and for the Arizona Court of Appeals, Respondents, and Don H. Smith and Jane Doe Smith, husband and wife, Real Parties in Interest.

Supreme Court of Arizona.

March 27, 2003.

Attorney(s) appearing for the Case

Tobler & Associates, P.C. by Lorin Tobler and Maren Tobler, Mesa, and Lewin & Schneider, P.C. by Thomas Kleinschmidt, Phoenix, Attorneys for Petitioners Jennifer Nielson and Larry Nielson.

Campbell, Souhrada, Volk & Lauter by Ronald J. Lauter, Phoenix, Attorneys for Real Parties in Interest Don H. Smith and Jane Doe Smith.

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 We granted review to determine whether an appellee, in an appeal from an order granting the appellee a new trial, must file a protective cross-appeal if it wishes to preserve its ability to challenge the underlying judgment, in the event the appellate court overturns the order granting a new trial. We hold that an order granting a new trial vacates the original entry of judgment and that an appellee need not...

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