TANQUE VERDE ANESTHESIOLOGISTS v. PROFFER

No. 2 CA-CV 91-0249.

172 Ariz. 311 (1992)

836 P.2d 1021

TANQUE VERDE ANESTHESIOLOGISTS, L.T.D. PROFIT SHARING PLAN, Plaintiff/Appellant, v. The PROFFER GROUP, INC., an Arizona corporation; James J. Mains, a single man; Austin Patterson and Deborah Patterson, husband and wife; E.L. Cambridge and Margaret Cambridge, husband and wife, Defendants/Appellees.

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

Review Denied October 6, 1992.


Attorney(s) appearing for the Case

Slutes, Sakrison, Even, Grant & Pelander, P.C. by Mark Rubin, Tucson, for plaintiff/appellant.

Jeffrey J. Carter, Tucson, for defendants/appellees.


OPINION

FERNANDEZ, Presiding Judge.

This case involves an attempt by a lender to recover the balance due under a promissory note after the deeds of trust securing the note were released. The trial court granted the borrowers summary judgment, holding that A.R.S. § 33-814(G) bars the deficiency action. We agree and affirm.

Appellee The Proffer Group, Inc. borrowed money from InterWest Bank pursuant to various agreements. Appellant Tanque Verde...

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