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TORTOLITA VETERINARY SERVICES v. RODDEN

No. 2 CA-CV 2020-0070.

498 P.3d 125 (2021)

TORTOLITA VETERINARY SERVICES, PC, dba Adobe Veterinary Center, an Arizona professional corporation, Plaintiff/Appellant, v. Aimee RODDEN and Thomas Rodden, wife and husband; Shelly Martin and Jeremy Bogard, wife and husband; and Desert Paws Mobile Veterinary Care, PC, an Arizona professional corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Filed August 27, 2021.

Attorney(s) appearing for the Case

DeConcini McDonald Yetwin & Lacy P.C., Tucson, By Sesaly O. Stamps and Tyler H. Stanton , Counsel for Plaintiff/Appellant.

Bossé Rollman PC, Tucson, By Richard M. Rollman and Kevin J. Kristick , Counsel for Defendants/Appellees.

Vice Chief Judge Staring authored the opinion of the Court, in which Presiding Judge Espinosa and Judge Eckerstrom concurred.

OPINION

¶1 Tortolita Veterinary Services PC, dba Adobe Veterinary Center, appeals from the trial court's ruling that the liquidated damages provision in its employment contracts with Drs. Shelly Martin and Aimee Rodden constituted an unenforceable penalty, as well as the court's calculation of actual damages...

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