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McBRIDE v. KIECKHEFER ASSOCIATES, INC.

No. 1 CA-CV 09-0299.

247 P.3d 187 (2011)

Gerald L. McBRIDE, Plaintiff/Counterdefendant/Appellant, and Billie T. McBride, Counterdefendant/Appellant, v. KIECKHEFER ASSOCIATES, INC., an Arizona corporation; Eugene P. Polk and Barbara J. Polk, husband and wife; and John I. Kieckhefer and Lynda B. Kieckhefer, husband and wife, Defendants/Counterclaimants/Appellees.

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

January 27, 2011.

Attorney(s) appearing for the Case

Bonnett, Fairbourn, Friedman & Balint, P.C. By William G. Fairbourn, Patrick T. Stanley, and Martin & Bonnett, PLLC By Daniel L. Bonnett, Mark A. Bracken, Phoenix, Attorneys for Apellants.

Meyer Hendricks, PLLC By Ed Hendricks, Sr., Brendan Murphy, Scott Mihalik, Phoenix, Attorneys for Appellees.

OPINION

GEMMILL, Judge.

SUMMARY

¶ 1 In this appeal we address the different roles of a trial judge when ruling on motions for judgment as a matter of law ("JMOL") compared to motions for new trial. We also address the different standards of appellate review applied to such rulings.

¶ 2 Appellants Gerald L. McBride and Billie T. McBride filed an action for damages against Appellees Kieckhefer Associates, Inc., Eugene P. Polk, Barbara...

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