MICHAEL WELLER, INC. v. AETNA CAS. & SUR. CO.

No. 1 CA-CIV 4349.

126 Ariz. 323 (1980)

614 P.2d 865

MICHAEL WELLER, INC., an Arizona Corporation, Plaintiff-Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, a Connecticut Corporation, Howard N. Mizener and Lavern C. Mizener, husband and wife, John R. Lee and Kathryn Lee, husband and wife, Forrest B. Tuttle and Nana L. Tuttle, husband and wife, David J. Funk and Barbara N. Funk, husband and wife, Chuck Purcell Carpet Distributors, Inc., a Colorado Corporation, Scottsdale Park Villas Incorporated, a Nevada Corporation, Kaufman Mortgage SPV, a general partnership, Beneficial Standard Mortgage Investors, a Real Estate Investment Trust, The Valley National Bank of Arizona, a national banking association, Arizona Trust Deed Corporation, an Arizona Corporation, as Trustee, Southwest Savings and Loan Association, an Arizona Corporation, Joseph F. Link and Norene M. Link, his wife, as joint tenants with right of survivorship, John Stuart Babb, a single man, Eleanor C. Knippel, an unmarried woman, Margaret M. Arbuckle, a widow, Roy C. Collins and Linda J. Collins, his wife, as joint tenants with right of survivorship, Kenneth R. Stafford, an unmarried man, Charles E. Wait and Carolyn J. Wait, his wife, as joint tenants with right of survivorship, A. Gordon Phillips and Gertrude G. Phillips, his wife, as joint tenants with right of survivorship, Walter E. Crowel and Phyllis J. Crowel, his wife, as joint tenants with right of survivorship, E. Lamar Gostin and Marie P. Gostin, his wife, as joint tenants with right of survivorship, Jay Michael Martin and Jane Bennett Martin, his wife, as joint tenants with right of survivorship, William A. Wolfe and Margaret K. Wolfe, his wife, as joint tenants with right of survivorship, Ralph E. Smith and Jeannette J. Smith, his wife, as joint tenants with right of survivorship, Nancy W. Spooner, a widow, Lawrence T. Holmes and Dorothy A. Holmes, his wife, as joint tenants with right of survivorship, Robert E. Nealon and Kathleen E. Nealon, his wife, as joint tenants with right of survivorship, Antonio J. Castillo and Patricia L. Castillo, his wife, as joint tenants with right of survivorship, Rodney R. Hinton and Sarah J. Hinton, his wife, as joint tenants with right of survivorship, Rex T. Meyer and Margaret F. Meyer, his wife, as joint tenants with right of survivorship, The First National Bank of Colorado Springs, The Arizona Bank, an Arizona Corporation, The Arizona Bank, an Arizona Corporation, as Trustee, William R. Hulings and Joan Hulings, husband and wife, Jane Gliege, wife of Gerhardt J. Gliege, and Howard Homes, Inc., a Nevada Corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied June 9, 1980.

Review Denied July 1, 1980.


Attorney(s) appearing for the Case

Barry Allen Reiss, P.C., Phoenix, for plaintiff-appellant.

John G. Gliege, Scottsdale, for defendants-appellees Charles E. and Carolyn J. Wait; William R. and Joan Hulings; and Jane Gliege.

Alston, Edwards, Scott & Novak, P.C. by Robert J. Novak, Phoenix, for defendants-appellees Howard N. and Lavern C. Mizener; Forrest B. and Nana L. Tuttle; David J. and Barbara N. Funk; John R. and Kathryn Lee; and Chuck Purcell Carpet Distributors, Inc.

Duecy, Moore, Robinson & Bennett by Lewis B. Moore, Jr. and William F. Bennett, Scottsdale, for defendants-appellees Ralph E. and Jeannette J. Smith; and E. Lamar and Marie P. Gostin.

John S. Schaper, Phoenix, for defendant-appellee First National Bank of Colorado Springs.

Jennings, Strouss & Salmon by Gary G. Keltner, Phoenix, for all remaining defendants-appellees.


OPINION

JACOBSON, Judge.

The primary issue on this appeal from the granting of a motion for summary judgment is whether a mechanic's and materialman's notice and claim of lien purporting to cover 47 lots in a subdivision without designating the amount claimed on each individual lot complies with the statutory requirement of perfecting the lien.

This litigation was commenced by plaintiff-appellant, Michael...

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