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J.C. PENNEY v. LANE

No. 1 CA-CV 99-0095.

3 P.3d 1033 (1999)

197 Ariz. 113

J.C. PENNEY, Plaintiff-Appellee, Cross-Appellant, v. Jay LANE and Mina Lane, husband and wife, Defendants-Appellants, Cross-Appellees.

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

November 26, 1999.

Attorney(s) appearing for the Case

Aron & Associates, P.C. by Peter M. Balsino, Esther B. Simon, Tucson, for Appellee/Cross-Appellant.

Thaddeus G. Baker, Jr., Flagstaff, for Appellants/Cross-Appellees.

OPINION

GRANT, Judge.

¶ 1 Two issues are presented in this appeal and cross appeal: (1) Because of amendments to Rule 77(g), Arizona Rules of Civil Procedure, and Rule 9(a), Arizona Rules of Civil Appellate Procedure, did the trial court lack discretion under the facts presented to vacate and reenter an order pursuant to Rule 60(c)(6), Arizona Rules of Civil Procedure, to allow an appeal that otherwise would have been untimely? (2) Assuming that we...

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