No. 2 CA-CIV 3101.

122 Ariz. 143 (1979)

593 P.2d 697

Paul CIAVARELLI and Dolores Ciavarelli, husband and wife, Plaintiffs-Appellees, v. Wallace ZIMMERMAN and Jane Doe Zimmerman, his wife, John Doe and Jane Doe 1 through 5, husband and wife, and XYZ corporations 1 through 5, Defendants-Appellants.

Court of Appeals of Arizona, Division 2.

March 29, 1979.

Attorney(s) appearing for the Case

Robert Douglas Little, Tucson, for plaintiffs-appellees.

Donald Estes, Tucson, for defendants-appellants.


HOWARD, Judge.

This is an appeal from a summary judgment in a foreclosure action. Appellants contend there existed a factual issue which precluded summary judgment. We do not agree and affirm.

The facts and inferences therefrom considered in the light most favorable to appellants are as follows. On July 22, 1977 appellants executed a new promissory note and deed of trust in order to settle a pending trustee sale that was the result of appellants...

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