KELLNER v. LEWIS

No. 2 CA-CIV 3894.

130 Ariz. 465 (1981)

636 P.2d 1247

John F. KELLNER and Deon Kellner, husband and wife, Plaintiffs/Appellants, v. Robert G. LEWIS; Lewis Enterprises, Inc.; Robert G. Lewis and Karen Lewis, d/b/a Lewis Enterprises, Inc., Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 6, 1981.

Review Denied November 24, 1981.


Attorney(s) appearing for the Case

Paul G. Rees, Jr., Tucson, for plaintiffs/appellants.

Chandler, Tullar, Udall & Redhair by Jack Redhair, Tucson, for defendants/appellees.


OPINION

BIRDSALL, Judge.

The trial court set aside a judgment in favor of plaintiffs/appellants Kellner and against defendants/appellees Lewis and Figueiredo on the motion of Travelers Insurance Companies. Travelers contests coverage in a separate action.

The appellants have unnecessarily complicated what should be an appeal questioning only whether Travelers had notice of this action prior to judgment and whether Travelers must concede coverage before...

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