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Clouse v. State12/15/1998
ich a defendant can avoid liability for most taxable costs by making an early, realistic offer of judgment." Ayala v. Olaiz, 161 Ariz. 129, 132, 776 P.2d 807, 810 (App. 1989).
Ordinarily, "a trial court lacks authority to relieve the rejecting recipient from the sanctions that the rule imposes." Davis v. Discount Tire Co., 182 Ariz. 571, 573, 898 P.2d 520, 522 (App. 1995). However, Duke v. Cochise County, 189 Ariz. 35, 938 P.2d 84 (App. 1996), held that "unapportioned joint offers of judgment invalid for purposes of imposing sanctions under Rule 68, regardless of the outcome at trial." Id. at 41, 938 P.2d at 90. The facts here are covered by the holding in Duke, with which we agree.
The judgments are affirmed.
E. G. NOYES, JR., Presiding Judge
CONCURRING:
THOMAS C. KLEINSCHMIDT, Judge
PHILIP E. TOCI, Judg
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