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NBA v. MARLYN NUTRACEUTICALS, INC.

Nos. 1 CA-CV 03-0810, 1 CA-CV 04-0534.

119 P.3d 477 (2005)

NATIONAL BROKER ASSOCIATES, INC., an Florida corporation, Plaintiff, Counterdefendant-Appellant, v. MARLYN NUTRACEUTICALS, INC., an Arizona corporation, Defendant, Counterclaimant-Appellee.

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

September 13, 2005.

Attorney(s) appearing for the Case

Jeffrey M. Proper, Phoenix, and Howard J. Weinstein, Scottsdale, Attorneys for Plaintiff, Counterdefendant-Appellant.

McCarthy, Holthus, Levine By Paul M. Levine, Phoenix, Attorneys for Defendant, Counterclaimant-Appellee.

OPINION

IRVINE, Judge.

¶ 1 Appellant, National Broker Associates, Inc. ("NBA"), appeals from the trial court's orders preventing it from presenting witness testimony at trial to support its damages claim, dismissing its case with prejudice, and awarding attorneys' fees and costs in favor of appellee, Marlyn Nutraceuticals, Inc. ("Marlyn"). For the following reasons, we affirm all of the trial court's rulings.

FACTS AND PROCEDURAL HISTORY

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