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COVENTRY HOMES v. SCOTTSCOM PARTNERSHIP

No. 1 CA-CIV 9209.

155 Ariz. 215 (1987)

745 P.2d 962

COVENTRY HOMES, INC., an Arizona corporation, Plaintiff Counter-defendant-Appellant, v. SCOTTSCOM PARTNERSHIP, an Arizona general partnership, Defendant Cross-Defendant Counter-claimant-Appellee.

Court of Appeals of Arizona, Division 1, Department C.

Review Denied October 14, 1987.

Attorney(s) appearing for the Case

Winston & Strawn by Robert P. Simbro, Phoenix, for plaintiff counter-defendant-appellant.

Campana, Vieh & Strohm, P.C. by William F. Shore III, Scottsdale, for defendant cross-defendant counter-claimant-appellee.

OPINION

CONTRERAS, Judge.

On this appeal from summary judgment the primary issue is whether Coventry Homes, Inc. (Coventry) violated A.R.S. § 33-420(A) as a matter of law by recording a lis pendens against certain real property owned by Scottscom Partnership (Scottscom). We conclude that although Scottscom established that the lis pendens was groundless, there are genuine issues of material fact concerning whether Coventry "knew" or "should have known...

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