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BRITT v. STEFFEN

No. 1 CA-CV 07-0517.

205 P.3d 357 (2008)

Thomas and Anna BRITT, husband and wife, Plaintiffs/Appellants, and Douglas G. Wymore, Non-Party Appellant v. Linda STEFFEN, a single woman; Mark Baltimore, a single man, Defendants/Appellees.

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

December 26, 2008.

Attorney(s) appearing for the Case

Douglas G. Wymore, Scottsdale, Attorney for Plaintiffs-Appellants.

Davis Miles, PLLC By Lori A. Curtis and Joshua M. Deere, Mesa, Attorneys for Defendants-Appellees.

OPINION

HALL, Judge.

¶ 1 In 1987, the Arizona Supreme Court held in Mark Lighting Fixture Co. v. General Electric Supply Co. (Mark Lighting II) that a judgment dismissing a complaint for lack of prosecution deprived the superior court of jurisdiction to rule on a subsequent application for attorneys' fees. 155 Ariz. 27, 31-32, 745 P.2d 85, 89-90. This case presents the issue...

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