AMERICAN HOLIDAYS v. FOXTAIL OWNERS

No. 91-41.

821 P.2d 577 (1991)

AMERICAN HOLIDAYS, INC., a Missouri Corporation, Appellant (Defendant), v. FOXTAIL OWNERS ASSOCIATION, a Wyoming Nonprofit Corporation, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 9, 1991.


Attorney(s) appearing for the Case

Frank Hess, Jackson, for appellant.

Phelps H. Swift, Jr. of Mullikin, Larson & Swift, Jackson, for appellee.

Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.


CARDINE, Justice.

Appellant, mortgagee of a shared interest in a time-share condominium, challenges the trial court's decree of foreclosure which subordinated its mortgage to appellee's lien for unpaid condominium assessments. We affirm the decision of the trial court.

Appellant states the issue to be resolved as follows:

"Did the court err in holding as a matter of law that the homeowner's assessment lien had priority over a previously filed mortgage...

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