SMITH v. CORONADO FOOTHILLS ESTATES, ETC.

No. 2 CA-CIV 2428.

117 Ariz. 184 (1977)

571 P.2d 681

Beulah V. SMITH, Appellant, v. CORONADO FOOTHILLS ESTATES HOMEOWNERS ASSOCIATION, INC., an Arizona Corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 28, 1977.

Review Granted September 20, 1977.


Attorney(s) appearing for the Case

Price, Tinney, Lindberg & Gianas by John Price, Tucson, for appellant.

Harrison G. Dickey, Tucson, for appellee.


OPINION

HOWARD, Chief Judge.

In an action for wrongful injunction can one recover a sum greater than the amount of the injunction bond? That is the issue which is determinative of the disposition of this case.

The record shows that appellee filed a complaint wherein it sought an order, both pendente lite and permanently, compelling appellant to cease and desist construction of a residence allegedly in violation of certain deed restrictions. A temporary...

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