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VINSON v. MARTON & ASSOCIATES

No. 1 CA-CIV 9502.

159 Ariz. 1 (1988)

764 P.2d 736

John VINSON and Taeko Vinson, husband and wife, Plaintiffs-Appellants, v. MARTON & ASSOCIATES, an Arizona partnership; Larry B. Marton and Fanchon Marton, husband and wife; Larry Melcher and Jane Doe Melcher, husband and wife; Phyllis Laneback, an individual; Danielle Gillenwater-Civer, an individual; Mary Ann Silva and John Doe Silva; John J. Silva and Jane Doe Silva, husband and wife; Robert Creighton and Catherine Creighton, Trustees for the Robert and Catherine Creighton Trust; Celeste Silva Brock, Trustee for the Celeste Silva Brock Trust, Defendants-Appellees.

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

Reconsideration Denied August 15, 1988.

Supplemental Opinion Filed August 16, 1988.

Review Denied December 20, 1988.

Attorney(s) appearing for the Case

Johnson, Blake & Kadish, P.C. by Ronald K. Blake, Kenneth W. Burford, Tempe, for plaintiffs-appellants.

Marton & Hall, P.A. by Kraig J. Marton, Phoenix, for defendants-appellees.

Paul M. Meador, Phoenix, for defendants-appellees Melcher.

Pasquale R. Cheche, Phoenix, for defendant-appellee Laneback.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Henry L. Timmerman, Phoenix, for defendant-appellee Gillenwater-Civer.

Romley & Romley by Arthur Romley, Phoenix, for defendant-appellee Silva.

Reconsideration Granted and Supplemental Opinion Filed August 16, 1988.

OPINION

KLEINSCHMIDT, Judge.

This is an appeal from summary judgment in favor of defendants in a lawsuit for specific performance of a real estate contract. We must determine (1) whether the sale of the property and the execution of a settlement agreement between some of the parties render this appeal moot, (2) whether a partnership agreement remained effective after...

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