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COLLINS v. STOCKWELL

No. 16471-PR.

137 Ariz. 415 (1983)

671 P.2d 394

Robert W. COLLINS, Plaintiff-Appellant, v. James C. STOCKWELL and Jane Doe Stockwell, his wife; Title Insurance Company of Minnesota, Additional Defendants-Appellees.

Supreme Court of Arizona, In Banc.

September 20, 1983.

Attorney(s) appearing for the Case

Atmore Baggot, Phoenix, for plaintiff-appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Wilbert G. Anderson, Phoenix, for additional defendants-appellees.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Donald N. McIntyre, Gary L. Birnbaum, Fred C. Fathe, Phoenix, for amici curiae Sec. Title Agency, Safeco Title Ins. Co. and First American Title Ins. Co. of Arizona.

Renaud, Cook & Videan, P.A. by Scott M. Clark, Phoenix, for amicus curiae Larry Clark Const. Co.

GORDON, Vice Chief Justice:

In 1978 Robert Collins, a licensed subcontractor, performed tile work for Diplomat Homes, Inc., a developer in Phoenix. Diplomat became insolvent prior to paying Collins for the work. As a result and pursuant to A.R.S. § 33-993, Collins recorded a timely mechanic's lien on the property on September 21, 1978. Collins served the lien on Diplomat because it was listed as the owner of the home. Thereafter, on September 26, 1978, Collins...

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