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Althaus v. Cornelio12/12/2002
. . the question of accrual is for the jury. " Walk, 202 Ar iz. 310, , 44 P. 3d 990, 17. And, in cases in which the parties to an oral agr eement contemplate the later execution of a written document, the fact-finder must resolve whether the parties intended the written document to be a mere memorialization of an already binding oral agreement, or whether they intended to be bound only upon execution of a formal, written instrument. Tabler, 202 Ariz. 518, 11, 47 P.3d 1156, 11.
The same can be said when, as here, the oral settlement is to be followed by the parties' execution of formal settlement, release, and dismissal documents and obtaining of court approval. Concluding that this record does not at this stage permit summary resolution of the limitations issue as a matter of law, we vacate that portion of the respondent judge's order of June 18, 2002, granting Penn-America's cross-motion for summary judgment and striking Althaus's limitations defense.
JOHN PELANDER, Judge
CONCURRING:
PHILIP G. ESPINOSA, Chief Judge
WILLIAM E. DRUKE, Presiding Judge
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