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COMBS v. LUFKIN

No. 2 CA-CIV 2995.

123 Ariz. 210 (1979)

598 P.2d 1029

Jack W. COMBS and Pauline D. Combs, husband and wife, Milton K. Clegg and Johnnie Raye Clegg, husband and wife, Boyd B. Combs and Georgia Combs, Individually and as stockholders of Combs & Clegg Industries, Inc., an Arizona Corporation and Combs & Clegg Industries, Inc., an Arizona Corporation whose charter has been revoked, Plaintiffs/Appellants, v. Dean E. LUFKIN and Cora A. Lufkin, husband and wife, Arthur S. Brooks, Lufkin Construction Co., Inc., an Arizona Corporation, Environmental Growth, Inc., an Arizona Corporation, and Commodities of Arizona, Inc., an Arizona Corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 27, 1979.

Review Denied July 19, 1979.

Attorney(s) appearing for the Case

Engdahl, Jerman & Estep by Dean Estep, and Kunz & Waugh, Ltd. by Donald R. Kunz, Phoenix, for plaintiffs/appellants.

Cunningham, Goodson & Tiffany, Ltd., by Dow Glenn Ostlund, Phoenix, for defendant/appellee Commodities of Arizona, Inc.

Treon, Warnicke, Dann & Roush, P.A. by Charles D. Roush and Francis G. Fleming, Jr., Phoenix, for all other defendants/appellees.

OPINION

HOWARD, Judge.

This is an appeal from a summary judgment. After granting a motion for mistrial, the trial court invited the appellees to file a motion for summary judgment and then granted it because it hoped it would be appealed and then "maybe we could get a determination of what the issues are in this case...."

It is axiomatic that summary judgment should not be granted where there is a material issue of facts or where there is the slightest...

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