Legal Opinion

National Homes Corp. v. Totem Mobile Home Sales, Inc.

Court of Appeals of Arizona

Decided February 21, 1984No. 1 CA-CIV 6223PublishedCited by 15 opinions

1Opinion of the Court

OPINION

JACOBSON, Chief Judge.

This appeal presents the issue of whether a defendant who obtains a dismissal with prejudice of plaintiffs’ complaint thereby waives the defense of insufficiency of process in connection with a cross claim arising out of the same transaction.

This action was originated on August 16, 1979 by purchasers of an allegedly defective mobile home. Joined as defendants in that action were appellee, Totem Mobile Home Sales, Inc. (Totem), as the seller of the mobile home and “National Mobile Homes” as manufacturer of the mobile home. In fact, “National Mobile Homes” is the…

2Cases cited6 opinions

  1. Austin v. State Ex Rel. HermanCourt of Appeals of Arizona · 1969
  2. Kadota v. HosogaiCourt of Appeals of Arizona · 1980
  3. W. S. Kincade v. Jeffery-De Witt Insulator CorporationCourt of Appeals for the Fifth Circuit · 1957
  4. Carlton v. EmhardtCourt of Appeals of Arizona · 1983
  5. United States v. Article of DrugCourt of Appeals for the Third Circuit · 1966

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Aries v. Palmer Johnson, Inc.Court of Appeals of Arizona · 1987
  2. Lyman Steel Corp. v. Ferrostaal Metals Corp.District Court, N.D. Ohio · 1990
  3. Tarr v. SUPERIOR COURT IN & FOR PIMA COUNTYArizona Supreme Court · 1984
  4. Vortex v. denkewicz/engelhardCourt of Appeals of Arizona · 2014
  5. State v. One Single Family Residence At 1810 East Second AvenueCourt of Appeals of Arizona · 1997

10 more not listed; retrieve them via the Exa API.

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