Legal Opinion

Wersch v. Radnor/Landgrant

Court of Appeals of Arizona

Decided December 18, 1997No. 1 CA-CV 97-0059PublishedCited by 21 opinions

1Opinion of the Court

LANKFORD, Judge.

Plaintiffs appeal the trial court’s ruling which disallowed their acceptance of a Rule 68 offer of judgment after the court had entered summary judgment against them. The sole issue on appeal is whether plaintiffs could accept defendant’s offer of judgment. Because a judgment nullifies a Rule 68 offer of judgment, plaintiffs could not accept the offer. We therefore affirm the trial court’s ruling.

We begin with the procedural history leading to this appeal. Plaintiffs filed this action against Radnor/Landgrant, an Arizona partnership and other defendants. Plaintiff Elizabeth…

2Cases cited12 opinions

  1. Marek v. ChesnySupreme Court of the United States · 1985
  2. Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
  3. Wyatt v. WehmuellerArizona Supreme Court · 1991
  4. Devenir Associates v. City of PhoenixArizona Supreme Court · 1991
  5. Continental Cas. v. SUPERIOR COURT, ETC.Arizona Supreme Court · 1981

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3Cited by21 opinions

  1. Warner v. Southwest Desert Images, LLCCourt of Appeals of Arizona · 2008
  2. Goldberg v. Pacific Indemnity Co.Court of Appeals for the Ninth Circuit · 2010
  3. Mapco Express, Inc. v. FaulkAlaska Supreme Court · 2001
  4. Amparano v. Asarco, Inc.Court of Appeals of Arizona · 2004
  5. Kroener v. Florida Insurance Guaranty Ass'nDistrict Court of Appeal of Florida · 2011

16 more not listed; retrieve them via the Exa API.

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