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(DOWNLOAD) "Eaton Fruit Co. v. California Spray-Chemical Corp." by Arizona Supreme Court No. 8557 * Book PDF Kindle ePub Free

Eaton Fruit Co. v. California Spray-Chemical Corp.

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eBook details

  • Title: Eaton Fruit Co. v. California Spray-Chemical Corp.
  • Author : Arizona Supreme Court No. 8557
  • Release Date : January 13, 1967
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Appellee, California Spray-Chemical Corporation, on February 17, 1967, moved this Court for an order dismissing this appeal based on these facts; viz., on April 6, 1964, a written judgment was signed and filed in the trial court; on the same day, a motion for new trial was filed; thereafter, on April 13, 1964, the court below took the motion for new trial under advisement and, on May 18th, by minute entry order, denied appellant's motion for new trial; thereafter, on July 9, 1964, more than sixty days after the entry of the written judgment but less than sixty days after the minute entry order denying the motion for new trial, the notice of appeal was filed. The minute entry order denying a motion for new trial is not an appealable order because it was not signed by the judge and filed with the clerk of the court, State v. Birmingham, 96 Ariz. 109, 392 P.2d 775, and the notice of appeal from the minute entry order was ineffective to confer jurisdiction to consider the merits of the appeal. Appellant, however, suggests that the appeal be not dismissed but suspended pending correction of the record in the court below.


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