Rail N Ranch Corporation v. State

Appellants have taken this appeal from a “judgment” of dismissal entered in Pima County Superior Court as to fewer than all of the named defendants, appellees herein. On the authority of our recent decision in Pegler v. Sullivan, 4 Ariz.App. 149, 418 P.2d 395 (filed September 27, 1966), appellees have moved to dismiss the appeal as untimely.

The subject “judgment” recites in pertinent part:

“ * * * and as to them the Complaint is dismissed; and that judgment be, and it is hereby, entered in favor of the said defendants and against the plaintiffs.”

Rule 54(b), as amended, Arizona Rules of Civil…