Schoolhouse Educational Aids, Inc. v. Haag

OPINION

FERNANDEZ, Judge.

In a previous appeal before this court between the same parties, Schoolhouse Educational Aids, Inc. v. Haag, 145 Ariz. 87, 699 P.2d 1318 (App.1985), we remanded the matter for trial, holding that the court could not dismiss the complaint against appellant Haag without giving him an opportunity to be heard. Upon remand, the court granted plaintiff/appellee Schoolhouse’s motion for summary judgment, the propriety of which is the subject of this appeal.

Even though the facts were set forth in the previous opinion, we must briefly restate them in order to review the court’s…