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DeSUNO v. SAFECO INS. CO. OF AMERICA

No. 1 CA-CIV 3348.

118 Ariz. 553 (1978)

578 P.2d 634

Dorsey DeSUNO and Michael DeSuno, and Dorsey DeSuno as next of friend of Donna Teuscher DeSuno and Donna Teuscher DeSuno, Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA, a corporation, Appellee.

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

May 2, 1978.

Attorney(s) appearing for the Case

Tilker, Burke, Mastrovito & Jonas, Richard A. Johnson, Michael J. Mastrovito, Scottsdale, for appellants.

Kunz & Stinson, Ltd., Richard M. Waugh and William G. Stinson, Jr., Phoenix, for appellee.

OPINION

OGG, Judge.

The determinative issue in this appeal is whether an answer of a garnishee must be controverted within the twenty day statutory time limit.

In 1972 the appellants DeSuno filed a negligence action in the Maricopa County Superior Court against the Stibers. The DeSunos and Stibers entered into a settlement agreement concerning this litigation whereby the DeSunos agreed not to execute or levy against the Stibers in exchange for the...

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