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NAT. HOMES CORP. v. TOTEM MOBILE HOME SALES

No. 1 CA-CIV 6223.

140 Ariz. 434 (1984)

682 P.2d 439

NATIONAL HOMES CORPORATION, an Indiana corporation; Sportcraft Homes, Inc., a Florida corporation, dba National Mobile Homes, Defendants Cross-defendants-Appellants, v. TOTEM MOBILE HOME SALES, INC., an Arizona corporation, Defendant Cross-claimant-Appellee.

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

Review Denied May 22, 1984.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Gary L. Stuart, Gerrit M. Steenblik, Neil Vincent Wake, Phoenix, for defendants cross-defendants-appellants.

John B. Marron, Phoenix, for defendant cross-claimant-appellee.

OPINION

JACOBSON, Chief Judge.

This appeal presents the issue of whether a defendant who obtains a dismissal with prejudice of plaintiffs' complaint thereby waives the defense of insufficiency of process in connection with a cross claim arising out of the same transaction.

This action was originated on August 16, 1979 by purchasers of an allegedly defective mobile home. Joined as defendants in that action were appellee, Totem Mobile Home Sales, Inc...

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