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Weltsch v. O'Brien

Court of Appeals of Arizona, Division One, Department B
Jan 20, 1976
545 P.2d 62 (Ariz. Ct. App. 1976)

Opinion

No. 1 CA-CIV 2667.

December 18, 1975. Review Denied January 20, 1976.

Joseph B. Miller, Renaud, Cook, Miller Cordova, P.A., Phoenix, for appellant.

Stuart Herzog, Tucson, for appellees.


ORDER DENYING MOTION FOR REHEARING AND CLARIFICATION OF PRIOR OPINION


The Court, consisting of Presiding Judge Eino M. Jacobson and Judges William E. Eubank and Levi Ray Haire, considered appellees' motion for rehearing and appellant's objection thereto. The motion for rehearing correctly points out that issues raised by the pleadings, that is, the falsity of the affidavit of garnishment and the constitutionality of post judgment garnishment statutes, were not litigated in the trial court nor determined on appeal. The fact that issues remain to be litigated is contrary to our directions for reversal and entering of judgment for the appellants. Therefore,

It is ordered that the last paragraph of our opinion, 540 P.2d 1269 at p. 1273, is modified to read as follows:

"The judgment of the trial court is reversed and the matter remanded for further proceedings on the remaining issues raised by the pleadings."

It is further ordered, that upon our opinion being so modified, appellees' motion for rehearing is denied.


Summaries of

Weltsch v. O'Brien

Court of Appeals of Arizona, Division One, Department B
Jan 20, 1976
545 P.2d 62 (Ariz. Ct. App. 1976)
Case details for

Weltsch v. O'Brien

Case Details

Full title:Julian F. WELTSCH, Appellant, v. Alan T. O'BRIEN and Barbara O'Brien…

Court:Court of Appeals of Arizona, Division One, Department B

Date published: Jan 20, 1976

Citations

545 P.2d 62 (Ariz. Ct. App. 1976)
545 P.2d 62

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