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S.K. DRYWALL v. DEVELOPERS FIN. GROUP

No. 1 CA-CV 88-382.

165 Ariz. 588 (1990)

799 P.2d 1362

S.K. DRYWALL, INC., an Arizona corporation, d/b/a Sunland Drywall & Paint, Plaintiff-Appellee, Cross Appellant, v. DEVELOPERS FINANCIAL GROUP, INC., an Arizona corporation; Fidelity & Deposit Company of Maryland, a Maryland corporation, Defendants-Appellants, Cross Appellees.

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

Review Granted November 27, 1990.

Attorney(s) appearing for the Case

John L. Dillingham, Phoenix, for plaintiff-appellee, cross appellant.

Nearhood & Associates by James R. Nearhood, Phoenix, for defendants-appellants, cross appellees.

OPINION

SHELLEY, Judge.

On cross-motions for summary judgment, the trial court entered judgment for appellee S.K. Drywall, Inc. (Sunland) on a mechanic's lien discharge bond given by appellant Developers Financial Group, Inc. (DFG) and its surety, Fidelity & Deposit Company of Maryland. See A.R.S. § 32-1152(E). The trial court denied Sunland's request for an award of attorney's fees pursuant to A.R.S. § 12-341.01(A).

DFG appeals...

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