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eBook details

• Title: Mackey v. Blakely Oil Inc.
• Author : Arizona Supreme Court
• Release Date : January 29, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

On October 4, 1952, plaintiff, Cozette M. Reed, filed an action for wrongful death against Coyner Crop Dusters, et al. in the Superior Court of Maricopa County. Later she filed an amended complaint in which she added parties. In opposition to her complaint, the defendants moved to dismiss, to make more definite and certain, and for severance and separate trials. These motions were granted with leave to amend within ten days. Thereafter plaintiff filed a second amended complaint against which defendants moved to dismiss, to strike, to make more definite and certain, and for severance. The court denied the motions to dismiss and to make more definite and certain, retained the motions for severance under advisement, and ordered certain words and phrases stricken from the amended complaint. The defendants then filed a motion for rehearing in which they asked for a reinstatement of their respective motions previously made because, in accordance with the directive of the court, they desired to present further oral argument and authority in support of said motions. The previous motions to dismiss gave failure to state a claim against the defendants as the grounds therefor. On October 11, 1954, the court entered an "order granting the motions for rehearing and to dismiss the second amended complaint with leave to plaintiff to file a third amended complaint in twenty (20) days." For fifteen months thereafter this action lay dormant. The plaintiff did not file an amended complaint within twenty days, and the defendant did not move for judgment at the expiration of twenty days. Finally, on January 27, 1956, the plaintiff attempted to file a third amended complaint. The defendants then moved for judgment and on March 5, 1956, the court ordered "that judgment be entered, that the plaintiff take nothing." Plaintiff now appeals from that judgment.

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