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WELLS FARGO CREDIT CORP. v. TOLLIVER

No. 1 CA-CV 93-0287.

183 Ariz. 343 (1995)

903 P.2d 1101

WELLS FARGO CREDIT CORPORATION, a California corporation, Plaintiff-Appellant, v. Donald L. TOLLIVER and Sheila Ann Tolliver, husband and wife, Defendants-Appellees.

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

May 30, 1995.

Attorney(s) appearing for the Case

Mohr, Hackett, Pederson, Blakley, Randolph & Haga, P.C. by Thomas K. Chenal, Bridget M. Gaughan, Phoenix, for plaintiff-appellant.

Plattner, Schneidman & Schneider, P.C. by David A. Craze, Jeff Schneidman, Phoenix, for defendants-appellees.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Michael S. Rubin, Donna M. Somsky, Phoenix, for amicus curiae Arizona Bankers Ass'n.

OPINION

LANKFORD, Judge.

Wells Fargo Credit Corporation ("Wells Fargo") appeals from the trial court's grant of summary judgment in favor of defendants Donald and Sheila Tolliver. This appeal presents the following issues:

1. Does either Ariz. Rev. Stat. Ann. ("A.R.S.") section 12-1566 or section 33-814 preclude Wells Fargo from instituting an action on its promissory note after its lien had been extinguished by a trustee's sale conducted by a senior...

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