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CAL X-TRA v. W.V.S.V. HOLDINGS, L.L.C.

Nos. 1 CA-CV 08-0567, 1 CA-CV 09-0445.

276 P.3d 11 (2012)

CAL X-TRA, a California corporation; Cattletrack 10K, L.L.C., an Arizona limited liability company; Leo R. Beus; Alan Mishkin; Trst, L.L.C., a Delaware limited liability company; Trst II, L.L.C., an Arizona limited liability company; and McWin, L.L.C., an Arizona limited liability company, derivatively on behalf of and for the benefit of 10K, L.L.C., an Arizona limited liability company, Plaintiffs/Appellants/Cross-Appellees, v. W.V.S.V. HOLDINGS, L.L.C., an Arizona limited liability company; Conley Wolfswinkel, Defendants/Appellees/Cross-Appellants. Cal X-Tra, a California corporation; Cattletrack 10K, L.L.C., an Arizona limited liability company; Leo R. Beus; Alan Mishkin; Trst, L.L.C., a Delaware limited liability company; Trst II, L.L.C., an Arizona limited liability company; and McWin, L.L.C., an Arizona limited liability company, derivatively on behalf of and for the benefit of 10K, L.L.C., an Arizona limited liability company, Plaintiffs/Appellees, v. W.V.S.V. Holdings, L.L.C., an Arizona limited liability company, Defendant/Appellant.

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

April 24, 2012.

Attorney(s) appearing for the Case

Cohen Kennedy Dowd & Quigley, P.C., By Ronald Jay Cohen , Daniel G. Dowd , Laura H. Kennedy , Rebecca L. Van Doren , Phoenix, Attorneys for Plaintiffs/Appellants/Cross-Appellees And Plaintiffs/Appellees.

Wright & Associates, By Lawrence C. Wright , Mesa, And Lee Allen Johnson, P.C., By Lee Allen Johnson , Tempe, Attorneys for Defendants/Appellees/Cross-Appellants And Defendant/Appellant.

OPINION

WINTHROP, Presiding Judge.

¶ 1 In this consolidated appeal and cross-appeal, we address questions about the conclusiveness of our previous appellate ruling in subsequent proceedings between the same parties. Concluding that this case presents one of those rare exceptions for which Rule 60(c), Ariz. R. Civ. P., is designed, we agree with the trial court that previous judgments obtained by extrinsic fraud cannot stand. We therefore affirm the...

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