(DOWNLOAD) "Rudy v. Meshorer" by Arizona Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Rudy v. Meshorer
- Author : Arizona Court of Appeals
- Release Date : January 01, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Petitioners have brought this special action from the trial courts denial of a motion for summary judgment which would, in effect, terminate litigation brought against them by the former University of Arizona mens basketball coach, Ben Lindsey. Petitioners motion was based on alternative grounds: (1) the parol evidence rule bars the real party in interests claim of a multi-year employment contract which conflicts with his written employment agreement, and (2) the alleged unconditional employment contract for more than one year is void and unenforceable under A.R.S. § 35-154. Were only the parol evidence rule argument advanced, this court would have declined jurisdiction since, in our view, allegations in the complaint, supported by deposition and affidavit, raise factual issues precluding summary judgment. However, we believe the application of A.R.S. § 35-154 is a matter of important public interest justifying the acceptance of jurisdiction. See University of Arizona Health Sciences Center v. Superior Court, 136 Ariz. 579, 667 P.2d 1294 (1983).