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MORN v. CITY OF PHOENIX

No. 2 CA-CV 5871.

152 Ariz. 164 (1986)

730 P.2d 873

Diane MORN, individually and as guardian ad litem for Rebecca Morn, Daniel Morn, Theresa Morn and Kristyn Morn, minors; Georgia Joyce Collins, individually and as guardian ad litem for Jolonda Joyce Collins, Gordon Fletcher and Ronoska Fletcher, minors, Plaintiffs/Appellants, v. CITY OF PHOENIX, a body politic of the State of Arizona; Rocky Franklin and Jane Doe Franklin, his wife; David Bower and Jane Doe Bower, his wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

December 16, 1986.

Attorney(s) appearing for the Case

Owens, Rybarsyk & Nussbaum, P.C. by Michael A. Carragher, Scottsdale, for plaintiffs/appellants.

Jones, Skelton & Hochuli by William R. Jones, Jr. and Bruce D. Crawford, Phoenix, for defendants/appellees.

OPINION

LACAGNINA, Judge.

This appeal is taken from a jury verdict and damage award in favor of two City of Phoenix police officers arising out of their counterclaim alleging abuse of process. We believe the trial court erred in denying a motion for directed verdict at the close of the counterclaimant's case and a motion for judgment notwithstanding the verdict, and we reverse.

Appellant Diane Morn1 brought an action individually...

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