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W.F. CONELLY CONST. v. L. HARVEY CONCRETE

No. 2 CA-CV 89-0069.

162 Ariz. 574 (1989)

785 P.2d 94

W.F. CONELLY CONSTRUCTION CO., an Arizona corporation, Plaintiff/Appellant, v. L. HARVEY CONCRETE, INC., an Arizona corporation, Defendant/Appellee.

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

December 21, 1989.

Attorney(s) appearing for the Case

Dickey & Brady by Anne-Marie Brady, Tucson, for plaintiff/appellant.

Baker Sipe, Campoy and Newman by Ronald J. Newman, Tucson, for defendant/appellee.

OPINION

LACAGNINA, Judge.

W.F. Conelly Construction Co. (Conelly) appeals from an order granting L. Harvey Concrete, Inc.'s (Harvey) motion to dismiss Conelly's petition to set aside a satisfaction of judgment for lack of jurisdiction. Conelly argues the superior court had equitable jurisdiction to set aside the satisfaction of judgment. We agree and reverse.

On September 17, 1986, Conelly filed a complaint for breach of its subcontract agreement with...

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