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CLUSIAU v. CLUSIAU ENTERPRISES, INC.

No. 1 CA-CV 09-0300.

236 P.3d 1194 (2010)

Bonnie CLUSIAU, Plaintiff/Counterdefendant/Appellee, v. CLUSIAU ENTERPRISES, INC., Defendant/Counterclaimant/Appellant.

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

July 8, 2010.

Attorney(s) appearing for the Case

Brian K. Stanley, Phoenix, Attorney for Defendant/Counterclaimant/Appellant.

Hoopes & Adams, PLC By John R. Hoopes, Patricia A. Alexander, Chandler, Attorneys for Plaintiff/Counterdefendant/Appellee.

OPINION

JOHNSEN, Judge.

¶ 1 We hold under the circumstances presented that a judgment rendered in a small claims case is not entitled to collateral estoppel effect in a subsequent action in superior court.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Bonnie Clusiau is the widow of Arthur Clusiau, the founder of Clusiau Enterprises, Inc. ("CEI"). According to the record, shortly before he died in 1986, Arthur agreed on behalf of CEI to...

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