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Ulibarri v. Gerstenberger

5/20/1993

of the trial court. State v. Chapple, 135 Ariz. 281, 297 n.18, 660 P.2d 1208, 1224 n.18 (1983). When the record reveals circumstances that this court believes warrants relief, we can overturn the trial court's discretionary ruling. Gorman v. City of Phoenix, 152 Ariz. 179, 182, 731 P.2d 74, 77 (1987). We believe that the acts of plaintiff's attorney constituted excusable neglect or inadvertence justifying relief under Rule 60(c)(1).


Conclusion


For the reasons set forth in this opinion, we reverse the summary judgment entered by the trial court and remand the case for further proceedings not inconsistent with this opinion.


SARAH D. GRANT, Presiding Judge


CONCURRING:


JOE W. CONTRERAS, Judge


JOHN L. CLABORNE, Judge






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