Legal Opinion

Marshall v. Williams

Court of Appeals of Arizona

Decided April 14, 1981No. 1 CA-CIV 5692PublishedCited by 9 opinions

1Opinion of the Court

OPINION

CONTRERAS, Presiding Judge.

We have determined on our own motion following this court’s routine jurisdictional review,1 that this appeal must be dismissed for lack of adjudication of one whole claim notwithstanding the inclusion of a rule 54(b)2 determination of finality in the judgment from which appeal is taken. This case is illustrative of a recurring species of attempted appeals3 and we therefore deem a published opinion appropriate.

By amended complaint filed June 7,1979, appellants Marshall, Cosseboom and Ghosts brought a suit stated in eight “causes of action” against the appellee…

2Cases cited5 opinions

  1. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  2. Page v. PreisserCourt of Appeals for the Eighth Circuit · 1978
  3. Rueda v. GalvezArizona Supreme Court · 1963
  4. Edney v. Fidelity And Guaranty Life Insurance CompanyCourt of Appeals for the Eighth Circuit · 1965
  5. In Re Bromley-Heath Modernization CommitteeCourt of Appeals for the First Circuit · 1971

3Cited by9 opinions

  1. Musa v. C. K. Adrian, M. D.Arizona Supreme Court · 1981
  2. Davis v. Cessna Aircraft Corp.Court of Appeals of Arizona · 1991
  3. Commercial Union Insurance v. Lewis & RocaCourt of Appeals of Arizona · 1995
  4. North Star Development Corp. v. WolfswinkelCourt of Appeals of Arizona · 1985
  5. Egan-Ryan Mechanical Co. v. Cardon Meadows Development Corp.Court of Appeals of Arizona · 1990

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