Golleher v. Horton

OPINION

NELSON, Judge.

This matter is before the court as the result of an appeal taken by the plaintiff below, Margaret Ruth Golleher (Golleher) from the dismissal of her complaint for failure to comply with the trial court’s order to produce a certain savings account passbook during the discovery phase of this lawsuit. See Rule 37(b)(2)(C), Rules of Civil Procedure, 16 A.R.S.

This was a suit by Golleher against her father’s sister, Mary B. Martin Horton (Horton), alleging that Horton obtained a power of attorney from her now deceased father, Arthur Raymond Hunter, Jr., at a time when he was…