Phillips v. Arizona Board of Regents

I would affirm the judgment entered by the trial court.

In arriving at its conclusion that the trial court erred in entering judgment dismissing appellants’ complaint, the majority relies entirely on this Court’s opinion in Travelers Indemnity Co. v. Hudson, 15 Ariz.App. 371, 488 P.2d 1008 (1971). Although I concurred in that opinion, I am now convinced that we incorrectly interpreted Rule 41(b) in Travelers. In addition, Travelers appears to me to be directly contrary to the Arizona Supreme Court’s prior opinion in Anguiano v. Transcontinental Bus System, 76 Ariz. 246, 263 P.2d 305 (1953).1…