ROBERTSON v. ALLING

No. 2 CA-CV 2013-0148.

332 P.3d 76 (2014)

Don C. ROBERTSON, as Successor Trustee of the Viola I. Robertson Trust Dated October 1, 2009; Charlotte G. Hardy as Successor Trustee of the Viola I. Robertson Trust Dated October 1, 2009; James H. Hardy and Charlotte G. Hardy, Husband and Wife; Bonita Sue Escobedo and James D. Sumpter, as Successor Trustees of the Sumpter Trust; W. Michael Addington and Cheryl Addington, Husband and Wife and Trustees of the W. Michael and Cheryl Addington Trust, Plaintiffs/Appellees, v. Robert E. ALLING and Jacqueline R. Alling, Individually and as Husband and Wife; Melissa L. Moore, Individually; Doyle K. Warner and Deanna K. Warner, Individually and as Husband and Wife; Harry L. Viezens and Marcia L. Viezens, Individually and as Husband and Wife and as Trustees of the Viezens Trust; Frederick and Calista Washburn, Individually and as Husband and Wife; Mgf Funding, Inc., an Arizona Corporation; Brian A. Mortensen and Oxana Mortensen, Individually and as Husband and Wife; Robert R. Hicks and Nicole Hicks, Individually and as Husband and Wife; Karl F. Kohlhoff and Joan M. Kohlhoff, Individually and as Husband and Wife and as Trustees of the Kohlhoff Family Trust; William D. Lawrence, Individually; Lawrence Properties, A General Partnership; William Glaunsinger and Lorna Glaunsinger, Individually and as Husband and Wife; Thomas Graham and Regina Graham, Individually and as Husband and Wife; Graham Homes, LLC, an Arizona Limited Liability Company; Gerald L. Graham, Individually and as Trustee of the Graham Family Trust, and Velma Graham, His Wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

August 5, 2014.


Attorney(s) appearing for the Case

Grasso Law Firm, P.C., By Robert Grasso, Jr. and Jenny J. Winkler , Chandler, for Plaintiffs/Appellees.

Clark Hill PLC, By Russell A. Kolsrud and Mark S. Sifferman , Scottsdale for Defendants/Appellants.

Judge Howard authored the opinion of the Court, in which Judge VÁSQUEZ and Judge MILLER concurred.


OPINION

HOWARD, Judge.

¶ 1 Appellants, collectively "the Allings," appeal from the trial court's grant of a motion to enforce settlement in favor of Appellees, collectively "the Robertsons."1 On appeal, the Allings argue that the trial court erred in concluding their attorney had authority to settle the matter, that Rule 80(d), Ariz. R. Civ. P., was inapplicable, and that material...

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