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BURCH & CRACCHIOLO, P.A. v. PUGLIANI

No. 17635-PR.

144 Ariz. 281 (1985)

697 P.2d 674

BURCH & CRACCHIOLO, P.A. and D'Antonio & D'Antonio, Plaintiffs-Appellees, v. Albino PUGLIANI and Lenora Pugliani, husband and wife; Theron A. Miller, Defendants-Appellants, and Stewart Title & Trust of Tucson, an Arizona corporation, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

March 5, 1985.

Attorney(s) appearing for the Case

Burch & Cracchiolo by Jack Daniel Klausner, and Bryan F. Murphy, Phoenix, for plaintiffs-appellees Burch & Cracchiolo.

D'Antonio & D'Antonio by Gregory D. D'Antonio, and Patricia A. Ihnat, Tucson, for plaintiffs-appellees D'Antonio & D'Antonio.

Law Offices of Joel D. Sacks by Joel Sacks and Carl D. Lee, Tempe, for defendants-appellants Pugliani and Miller.

Malloy, Jones, Donahue, Trachta, Childers & Mallamo by John F. Molloy and Daniel F. Davis, Tucson, for defendant-appellant Stewart Title & Trust of Tucson.

HAYS, Justice.

Petitioners Stewart Title & Trust (Stewart) held approximately $175,000 in trust. The beneficiaries of record for this trust were Albino Pugliani, Lenora Pugliani, his wife, and Theron Miller. Respondents Burch & Cracchiolo and D'Antonio & D'Antonio (the lawyers) both claimed an interest in the trust. This claim stemmed from a prior contingent fee arrangement that the lawyers had with Pugliani and Miller (the clients).

The lawyers...

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