BRYANT v. BLOCH COMPANIES

No. 1 CA-CV 88-592.

166 Ariz. 46 (1990)

800 P.2d 33

Alex BRYANT, Plaintiff-Appellee, v. The BLOCH COMPANIES, Fred Bloch, and Apache Pipeline Company, Defendants-Appellants.

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

October 25, 1990.


Attorney(s) appearing for the Case

Kevin T. Ahern, Suzan V. Pearlstein, Phoenix, for plaintiff-appellee.

Warner, Alvarez, McCarthy & Palmer by Donald R. Alvarez, David J. Catanese, Phoenix, for defendants-appellants.


OPINION

BROOKS, Presiding Judge.

This appeal is from the trial court's order striking, for lack of jurisdiction, a motion for damages and attorney's fees incurred as the result of a wrongfully issued temporary restraining order. The trial court had previously quashed the restraining order because no complaint had ever been filed to commence an action. We hold that the pendency of an action is not a jurisdictional prerequisite to the imposition of sanctions...

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