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RICHEY v. WESTERN PACIFIC DEVELOPMENT CORP.

No. 2 CA-CIV 5005.

140 Ariz. 597 (1984)

684 P.2d 169

Thomas B. RICHEY and Barbara J. Richey, husband and wife, Plaintiffs/Appellants, v. WESTERN PACIFIC DEVELOPMENT CORPORATION, a corporation; William R. Eddins and Janet Eddins, husband and wife; and Michael G. Wystrach and Grace Wystrach, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

May 17, 1984.

Attorney(s) appearing for the Case

King & Frisch, P.C. by James C. Frisch, Tucson, for plaintiffs/appellants.

Mesch, Clark & Rothschild, P.C. by Douglas H. Clark, Jr. and Jonathan Rothschild, Tucson, for defendants/appellees.

OPINION

HATHAWAY, Judge.

Appellees were granted summary judgment on their amended counterclaim charging appellants with wrongful filing of a lis pendens.

The undisputed facts disclose that appellants brought suit to collect a real estate commission from appellees, and on November 30, 1983, summary judgment was entered in appellants' favor and against Western Pacific for the underlying commission in the amount of $8,000. Shortly after commencing the...

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