Brewer v. Gerson

OPINION.

JONES, Vice Chief Justice.

We are asked to decide whether filing and recording a satisfaction of judgment is a voluntary dismissal of a cause of action where, before filing the satisfaction, the judgment itself had been set aside by court order. We have jurisdiction pursuant to Arizona Constitution article VI, section 5(3), Arizona Rule of Civil Appellate Procedure 23, and Arizona Revised Statutes section 12-120.24.

Factual and Procedural Background

On June 8, 1994, Aileen and Bradley Brewer, in an action for harassment, obtained a money judgment by default against Howard Gerson,…