U.S. FIDUCIARY CORP. v. LOMA VISTA ASSOCIATES

No. 2 CA-CIV 4771.

138 Ariz. 464 (1983)

675 P.2d 724

U.S. FIDUCIARY CORPORATION, an Arizona corporation, as Trustee under Trust # 041073-H; Elva Hopkins, a widow; Donald W. Hopkins and Edris Jo Hopkins, husband and wife, individually and as beneficiaries under Trust # 041073-H, Plaintiffs/Appellees, v. LOMA VISTA ASSOCIATES, a California limited partnership; the Cali Group, a California limited partnership; John C. Federico, individually and as general partner of Loma Vista Associates and the Cali Group; and Charlotte A. Federico, wife of John C. Federico; Double JS Corporation, a Nevada corporation; James L. Samsel and Judith A. Samsel, husband and wife; Bates & Springer Realtors of Arizona, Inc., an Arizona corporation; Don Golos; Ernie Marcon; Arizona Title Insurance & Trust Company, an Arizona corporation, now known as First American Title Insurance Company, as Trustee under Deed of Trust dated December 15, 1978, recorded in the office of the Pima County Recorder in Docket 5926, Page 7, and recorded in Docket 6066, Page 144; Scharbills, a California limited partnership; Arnold E. Ascherfeld, individually and as general partner of Scharbills; and Jane Doe Ascherfeld, wife of Arnold E. Ascherfeld, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 9, 1983.

Review Denied January 17, 1984.


Attorney(s) appearing for the Case

Croswell & Cornelio by Carmine Cornelio, Tucson, for plaintiffs/appellees.

Combs, Stone & Wright, P.C. by Christopher A. Combs and Ronald A. Kershaw, Jr., Phoenix, for defendants/appellants.


OPINION

BIRDSALL, Judge.

This appeal is from a partial judgment entered in favor of the plaintiffs/appellees, U.S. Fiduciary Corporation as trustee and the Hopkins as beneficiaries, quieting title in certain real property and granting reformation of several deeds against the defendants/appellants John C. Federico, Loma Vista and the Cali Group. The trial court expressly found that there was no just reason for delay...

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