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LINDER v. BROWN & HERRICK

No. 1 CA-CV 94-0533.

943 P.2d 758 (1997)

189 Ariz. 398

Nancy L. LINDER and Charles G. Linder, Sr., Wife and Husband, Plaintiffs-Appellants, and Judith M. Prakel, Attorney-Appellant, v. BROWN & HERRICK, an Arizona General Partnership; Robert B. Kaufman, P.C, an Arizona Professional Corporation; Kaufman, Apker & Nearhood, P.C, an Arizona Professional Corporation; Lancy, Scult & McVey, P.A., an Arizona Professional Corporation; Sandra J. Schaller; et al., and Lewis and Roca, an Arizona General Partnership; Rawlins, Burrus, Lewkowitz and Feinstein, P.C, an Arizona Corporation; Sue O. Schilleman, a Single Woman, and Trustee under Trust Agreement Dated July 21, 1982; et al., Defendants-Appellees.

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

Review and Cross-Petition for Review Denied September 16, 1997.

Reconsideration Denied February 20, 1997.

Attorney(s) appearing for the Case

Nancy L. Linder and Charles G. Linder, Sr., Chandler, in pro. per.

Judith M. Prakel, P.C. by Judith M. Prakel, Phoenix, Attorney-Appellant.

Broening, Oberg, Woods, Wilson & Cass, P.C. by James R. Broening and Kenneth C. Miller, Phoenix, for Defendants-Appellees Brown & Herrick.

Robert P. Kaufman by Robert P. Kaufman, Phoenix, for Defendants-Appellees Robert P. Kaufman, P.C. and Kaufman, Apker & Nearhood, P.C.

Turley & Swan, P.C. by Kent E. Turley, Phoenix, for Defendants-Appellees Schaller and Lancy, Scult & McVey, P.A.

Streich. Lang, P.A. by Louis A. Stahl, Phoenix, for Defendant-Appellee Lewis & Roca.

Beale & Micheaels, P.C. by John A. Micheaels and Jennings, Strouss & Salmon, P.L.C. by Michael J. O'Connor, Phoenix, for Defendant-Appellee Rawlins, Burrus.

James W. Hill, Ltd. by James W. Hill, Phoenix, for Defendant-Appellee Schilleman.

OPINION

GERBER, Presiding Judge.

Nancy L. Linder (Linder) and Charles G. Linder, Sr. (jointly the Linders) were losing parties in a prior lawsuit involving $20,000 held in a real estate escrow account. The stakes have grown since then.

In the present action, the Linders, represented by attorney Judith Prakel (Prakel), filed suit (1) for negligence against the attorneys who represented them in the prior lawsuit and (2) for fraud against the prevailing...

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