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COLLINS v. STOCKWELL

No. 1 CA-CIV 5706.

137 Ariz. 436 (1983)

671 P.2d 415

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

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

Rehearing Denied February 10, 1983.

Review Granted March 29, 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 defendants-appellees.

OPINION

KLEINSCHMIDT, Judge.

The plaintiff-appellant, Robert W. Collins, appeals from the trial court's grant of a motion for summary judgment in favor of defendants-appellees, James C. Stockwell and Title Insurance Company of Minnesota. This case of first impression in Arizona involves the question of whether it is necessary to file a notice of lis pendens to preserve a mechanic's lien after suit to foreclose the lien has been timely filed. We find that once...

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