PHILLIPS v. SUPERIOR CT. IN & FOR PIMA CTY.

No. 2 CA-SA 0139.

143 Ariz. 189 (1984)

692 P.2d 1038

Stephen H.E. PHILLIPS and Margaret Phillips, husband and wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and the Honorable Jack T. Arnold, a Judge thereof; Respondents, and Anthony VAN MARLE and Sondra L. Van Marle, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

November 15, 1984.


Attorney(s) appearing for the Case

Corey & Farrell, P.C. by Patrick J. Farrell, Tucson, for petitioners.

Richard L. Parrish, Tucson, for real parties in interest.


OPINION

HOWARD, Judge.

The issue presented by this special action concerns the enforceability of a due-on-sale clause in a deed of trust executed in connection with the sale of a residence located on land in excess of two and one-half acres. The petition was taken from the trial court's denial of petitioners' motion for summary judgment on the ground that the clause in question was enforceable. We assume jurisdiction because the question is one of statewide...

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