Home/Arizona Supreme Court/Porter v. Empire Fire and Marine Insurance Co.

Porter v. Empire Fire and Marine Insurance Co.

476 P.2d 155, 106 Ariz. 345, 1970 Ariz. LEXIS 427
CourtArizona Supreme Court
DecidedNovember 5, 1970
Docket10051-PR
StatusPublished
Cited by34 cases

This text of 476 P.2d 155 (Porter v. Empire Fire and Marine Insurance Co.) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Porter v. Empire Fire and Marine Insurance Co., 476 P.2d 155, 106 Ariz. 345, 1970 Ariz. LEXIS 427 (Ark. 1970).

Opinion

McFarland, Justice.

In its motion for rehearing the appellee states that there is some confusion as to future proceedings under our mandate to the Superior Court. In the opinion reversing the Superior Court order and judgment, 106 Ariz. 274, 475 P.2d 258 we ordered “the matter remanded for further proceedings not inconsistent with this decision”.

■ However, appellee points out that we stated at the beginning of the opinion that “It is alleged, and not denied for the purposes of appeal, that Porter sustained inju *346 ríes in the amount of $10,000’’, but in disposing of the proposition of law as to liability we later stated “We accordingly hold Porter is entitled to judgment for $7,500, the balance of his admitted damages in the sum of $10,000”.

We can understand that these statements may have caused confusion. As to the latter we were merely referring to damages as admitted for the purposes of appeal and should have so stated. The actual amount of damages will have to be fixed in further proceedings as set forth in the mandate.

With the above modification the motion for rehearing is denied.

LOCKWOOD, C. J., STRUCKMEYER, V. C. J., and UDALL and HAYS, JJ., concur.

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Bluebook (online)
476 P.2d 155, 106 Ariz. 345, 1970 Ariz. LEXIS 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-empire-fire-and-marine-insurance-co-ariz-1970.