N. K. Parrish, Inc. v. Southwest Beef Industries Corporation, Etc.

I concur and agree with that portion of the panel opinion holding that Parrish might have pursued the investors instead of Arizona National and, having done so, could have recovered from them.1 Contrary to the view of the majority, however, I do not believe that Parrish had the right to make that election on appeal. Parrish’s notice specifically limited its appeal to “that portion of the judgment . . . providing that plaintiff take nothing as against Bankers Ag [and the named investors].” Parrish did not request leave to amend its notice of appeal, or offer to free Arizona National, until…