DAVIDSON-CHUDACOFF, ETC. v. PIONEER HOTEL CO.

Nos. 1 CA-CIV 4757, 1 CA-CIV 4814.

129 Ariz. 254 (1981)

630 P.2d 550

DAVIDSON-CHUDACOFF/KOL-PAK OF ARIZONA, INC., a Delaware Corporation, Plaintiff-Appellant, v. PIONEER HOTEL COMPANY, an Arizona Corporation, Defendant-Appellee, Monsanto Company, Garnishee-Defendant-Appellee.

Court of Appeals of Arizona, Division 1.

Rehearing Denied June 11, 1981.

Review Denied June 30, 1981.


Attorney(s) appearing for the Case

Andrews, Merenda & Moseley, P.A., by M.B. Moseley, Phoenix, for plaintiff-appellant.

Jennings, Strouss & Salmon, by Gary G. Keltner, Phoenix, for defendant-appellee.

Chandler, Tullar, Udall & Redhair, by Robert E. Lundquist, Tucson, for garnishee-defendant-appellee.


OPINION

JACOBSON, Judge.

This appeal presents two issues: (1) whether an order of sale foreclosing an attachment lien must contain a "deficiency judgment provision" and (2) whether a tort judgment which is being appealed constitutes a "debt" subject to garnishment.

The procedural posture of this litigation is somewhat involved. On September 23, 1975, the plaintiff-appellant Davidson-Chudacoff/Kol-Pak of Arizona...

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