Cachenos v. Baumann

OPINION

JACOBSON, Presiding Judge.

The sole issue raised by this appeal is whether the trial court abused its discretion in applying the dead man statute, A. R.S. § 12-2251, under the circumstances of this case.

While this matter arose under cross motions for summary judgment, the parties stipulated that the trial court, in determining whether there were any disputed issues of material fact should also determine the applicability of A.R.S. § 12-2251 to the facts and the admissibility of the evidence presented by affidavits and depositions. The appellant also stipulated that the affidavits and…