Jackson v. Pacific Investment Co.

BERNSTEIN, Chief Justice.

The parties to this appeal stipulated in the lower court to a dismissal with prejudice of the complaint and cross-complaint pursuant to Rule 41(a), Ariz.Rules Civ.Proc. 16 A.R.S. The order of dismissal was entered on March 28, 1958. More than two *417years later, on June 30, 1960, defendants-cross-complainants, moved the trial court to vacate the 1958 order of dismissal. This motion was denied on the ground that “the court has lost jurisdiction.” Defendants now appeal.

Rule 60(c), Ariz.Rules Civ.Proc. provided:

“On motion and upon such terms as are just, the court may…