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Morris v. Achen Construction Co.

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eBook details

  • Title: Morris v. Achen Construction Co.
  • Author : Arizona Supreme Court
  • Release Date : January 10, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

We granted review in this case limited to two issues. The first concerned the propriety of an award of attorneys fees under A.R.S. § 12-341.01(A). The second concerned the propriety of the language of the trial courts jury instruction on recoupment. Upon full review of the record, we agree with the court of appeals that the language of the recoupment instruction is not a proper subject for appellate review because no proper objection was made in the trial court. Southern Pacific Trans. Co. v. Lueck, 111 Ariz. 560, 535 P.2d 599 (1975). Therefore, this opinion is confined to consideration of the attorneys fees portion of the judgment. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3) and Rule 23, Arizona Rules of Civil Appellate Procedure, 17A A.R.S.


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