FORTUNE v. SUPERIOR COURT

No. 1 CA-SA 88-244.

159 Ariz. 549 (1989)

768 P.2d 1194

Robert L. FORTUNE and Joan E. Fortune, husband and wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For MARICOPA COUNTY, the Honorable Cecil B. Patterson, Jr., Respondent, MILLION DEVELOPMENT COMPANY, an Arizona corporation, Real Party in Interest.

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

February 14, 1989.


Attorney(s) appearing for the Case

Burch & Cracchiolo, P.A. by Jack D. Klausner and Brian V. Pearson, Phoenix, for petitioners.

Gust, Rosenfeld & Henderson by DeAnn Willis, Phoenix, for real party in interest.


OPINION

JACOBSON, Judge

This is a special action from the trial court's order denying defendants' motion for partial summary judgment, which motion sought to release a mechanic's and materialmen's lien recorded by the plaintiff/real party in interest, Million Development Company (Million). The issue raised is whether the trial court erred in failing to find the lien invalid as a matter of law.

Procedural Background

This special action...

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