Tena v. Yorgulez

OPINION

KRUCKER, Judge.

This is an appeal from a judgment rendered for defendants-appellees after the trial court, sitting as the trier of fact, dismissed plaintiffs-appellants’ complaint on the merits pursuant to Rule 41(b), Rules of Civil Procedure, 16 A.R.S. The sole question presented is whether appellants’ action to recover fractional interests in a parcel of realty was barred by the applicable statute of limitations, A.R.S. § 12-523.

We note preliminarily that despite appellants’ timely request, the trial court failed to make findings of fact and conclusions of law. We stated in Lappin v.…