[DOWNLOAD] "Harsh Building Co. v. Bialac" by Arizona Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Harsh Building Co. v. Bialac
- Author : Arizona Court of Appeals
- Release Date : January 07, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This appeal is to review the decision of the trial court not to accept two stipulations entered into between the parties while litigating their case in federal court. Harsh Building Company and the other appellants (Harsh Building) were the defendants in an action commenced in the State court on 31 January 1967. On 3 February 1967, the case was removed to the United States District Court for the District of Arizona on the basis of diversity of citizenship. Following six years of federal court proceedings which included a trial and two appeals, the case was remanded to the State court for lack of federal jurisdiction, see Bialac v. Harsh Building Co., 463 F.2d 1185 (9th Cir. 1972). On 31 May 1973, Harsh Building filed an "answer and counterclaim" in the Superior Court of Arizona for Maricopa County. Sam Bialac and the other appellees (Bialacs) made a motion to dismiss several counterclaims of Harsh Building. In a judgment entered 8 April 1974, the trial court dismissed counterclaims A and B. The trial court made an express finding that there is no just reason for delay and expressly directed the entry of judgment, thereby making this judgment a final, appealable judgment. Rule 54(b), Rules of Civil Procedure, 16 A.R.S.