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OCCHINO v. OCCHINO

No. 2 CA-CV 90-0106.

164 Ariz. 482 (1990)

793 P.2d 1149

Jeanne OCCHINO, aka Jeanne S. Occhino, individually and as Trustee of the "Jeanne S. Occhino Revocable Trust" dated April 2, 1986, Plaintiff/Appellant, v. Paul OCCHINO as the Personal Representative of the Estate of John F. Occhino; the Successor Trustee Under that Certain Trust Agreement, Dated August 21, 1975; John Does I Through X; Jane Does I Through X; Black and White Corporations I Through X; and XYZ Partnerships I Through X, Defendants/Appellees.

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

June 19, 1990.

Attorney(s) appearing for the Case

Snell & Wilmer by Vaughn A. Crawford, Kevin J. Parker, and Robert L. Ehmann, Phoenix, for plaintiff/appellant.

Lewis & Roca by Kimball J. Corson, Phoenix, for defendants/appellees.

OPINION

ROLL, Presiding Judge.

Jeanne Occhino (Jeanne) appeals from the superior court's ruling that her action for the partition of real property was barred by the statute of limitations. Because we find that the statute of limitations relied upon by the trial court does not apply to an action for partition of real property and laches does not bar Jeanne's appeal, we reverse and remand for further proceedings.

FACTS

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