Legal Opinion

Duhammel v. Star

Court of Appeals of Arizona

Decided March 30, 1982No. 1 CA-CIV 5347PublishedCited by 16 opinions

1Opinion of the Court

OPINION

CORCORAN, Judge.

The question raised in this appeal is whether the filing of a complaint tolls the statute of limitations regarding a counterclaim that is brought after the applicable time period has expired. A brief factual and procedural history of this appeal is as follows:

On July 18,1978, appellees were having a birthday party at their residence in Scottsdale, Arizona. Sometime that day appellant Thomas Star, a Scottsdale police officer, came to appellees’ residence apparently in response to a noise complaint. Exactly what occurred at that time is in dispute, but appellees Dallas…

2Cases cited8 opinions

  1. Cluff v. Farmers Insurance ExchangeCourt of Appeals of Arizona · 1969
  2. WJ Kroeger Co. v. Travelers Indemnity CompanyArizona Supreme Court · 1975
  3. Davis v. First Nat. Bank of ArizonaCourt of Appeals of Arizona · 1979
  4. Ness v. Greater Arizona Realty, Inc.Court of Appeals of Arizona · 1977
  5. Tom Reed Gold Mines Co. v. BradyArizona Supreme Court · 1940

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3Cited by16 opinions

  1. Godbehere v. Phoenix Newspapers, Inc.Arizona Supreme Court · 1989
  2. Evelyn Bodett, Wife David Bodett, Husband v. Coxcom, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2004
  3. Gilbert v. Board of Medical ExaminersCourt of Appeals of Arizona · 1987
  4. Nelson v. Phoenix Resort Corp.Court of Appeals of Arizona · 1994
  5. Lewis v. OliverCourt of Appeals of Arizona · 1993

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