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JEPSON v. NEW

No. 1 CA-CIV 9534.

160 Ariz. 193 (1989)

772 P.2d 16

Timothy W. JEPSON and Deborah J. Jepson, husband and wife, Plaintiffs-Appellants, v. Cynthia Joanne NEW, a single woman; James New and Jane Doe New, husband and wife; Irene Hasal, a single woman; and Stephen Brown and Harriet Brown, husband and wife, Defendants-Appellees.

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

Petitions and Cross Petition for Review Granted May 2, 1989.

Attorney(s) appearing for the Case

Warner, Angle, Roper & Hallam by Roger K. Gilbert, Daniel P. Schaack, Mariscal, Weeks, McIntyre & Friedlander, P.A. by Gerald Gaffaney, Phoenix, Vogel & Wulfers by William C. Wulfers, Jr., Scottsdale, for plaintiffs-appellants.

Crampton, Woods, Broening & Oberg by Brian Holohan, Phoenix, for defendants-appellees New Winston & Strawn by Daniel D. Maynard, Clifford J. Roth, Kevin P. Gallagher, Phoenix, for defendants-appellees Hasal and Brown.

OPINION

FIDEL, Judge

The plaintiffs' lawsuit was dismissed for lack of timely prosecution. Though the dismissal formally lacked prejudice, it was prejudicial in fact because, by the time of dismissal, the statute of limitations for the plaintiffs' cause of action had run. The plaintiffs sought reinstatement under Rule 60(c)(6), 16 A.R.S. Rules of Civil Procedure. Alternatively, they sought suspension of the statute of limitations and an opportunity to refile...

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