NOLDE v. FRANKIE

No. CV-97-0276-PR.

964 P.2d 477 (1998)

192 Ariz. 276

Mary Ella NOLDE; Mya Johnson and Kathleen Andersen, Plaintiffs-Appellants. v. Bruce FRANKIE; Glendale Union High School District, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

September 17, 1998.


Attorney(s) appearing for the Case

Treon, Strick, Lucia & Aguirre by Richard T. Treon, Arthur G. Newman, Jr., and Michael T. DePaoli, Phoenix, for Plaintiffs-Appellants.

Jones, Skelton & Hochuli by A. Melvin McDonald and Eileen J. Dennis, Phoenix, for Defendant-Appellee Frankie.

D. Reid Garrey, P.C. by D. Reid Garrey and Shawna M. Woner, Scottsdale, and Teilborg, Sanders & Parks, P.C. by Bradley R. Jardine, Rick N. Bryson, and David E. Koval, Phoenix, for Defendant-Appellee Glendale Union High School District.


OPINION

McGREGOR, Justice.

¶ 1 The plaintiffs appeal the trial court's order granting summary judgment in favor of the defendants on grounds that the statute of limitations bars this action. Because the trial court erred in its application of the law, we reverse and remand for the trial court to determine whether an issue of material fact exists as to whether defendant Frankie induced plaintiffs to delay filing their action, and whether their delay...

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