UNITED PACIFIC v. COTTONWOOD PROPERTIES

No. 2 CA-CV 87-0130.

156 Ariz. 149 (1987)

750 P.2d 907

UNITED PACIFIC INSURANCE COMPANY and L.G. Lefler, Inc., Plaintiffs/Counterdefendants/Appellants, v. COTTONWOOD PROPERTIES, INC.; Douglas Seaver & Associates, Inc.; GDE Limited Partnership; George Mehl; David Mehl; Michael Botwin; George Godin; and Jane Doe, Defendants, and La Paloma Hotel Limited Partnership, Defendant/Counterclaimant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

December 31, 1987.


Attorney(s) appearing for the Case

Lewis and Roca by John P. Frank, Jose A. Cardenas and Christopher J. Brelje, Phoenix, Hecker, Phillips & Hooker, P.C. by Robert J. Hooker, Tucson, for plaintiffs/counterdefendants/appellants.

W. James Harrison, P.C. by John Gabroy, and Ronald M. Lehman, Tucson, for defendant/counterclaimant/appellee.


OPINION

HOWARD, Presiding Judge.

This is an appeal from the granting of a summary judgment. The determinative issue here is whether a mechanic's lien which has expired because there was no action filed to foreclose it within six months can be revived by the relationback doctrine of Rule 15, Rules of Civil Procedure, 16 A.R.S. The answer is no, and we affirm.

There are no factual disputes. On October 28, 1985, L.G. Lefler, Inc. (Lefler), a general contractor...

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