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NORWEST BANK ARIZONA v. SUPERIOR COURT

No. 1 CA-SA 97-0250.

963 P.2d 319 (1998)

192 Ariz. 240

NORWEST BANK ARIZONA, National Association, a national banking association, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Linda K. Akers, a judge thereof, Respondent Judge, PRAEDIUM GULF, L.P., a Delaware limited partnership, Real Party in Interest.

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

As Amended February 20, 1998.

Review Denied September 24, 1998.

Attorney(s) appearing for the Case

Fennemore Craig by Timothy Berg, Jay S. Kramer and Marc H. Lamber, Phoenix, for Petitioner.

Paul S. Harter, P.C. by Paul S. Harter and Alicia Mykyta, Phoenix, and Messer, Pavek & Reeves, LLC by James R. Everson, Denver, for Respondent/Real Party in Interest.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Gary L. Birnbaum and Brian M. Mueller, Phoenix, for Amicus Curiae Land Title Association of Arizona.

OPINION

THOMPSON, Judge.

¶ 1 This special action questions whether the right to receive rental income through an assignment of rents survived a trustee's sale because the rents had been severed from the other incidents of property ownership that passed in the sale. The trial court ruled that the assignment of rents was separate from the title interest that was conveyed to Norwest in the trustee's deed, and granted Praedium Gulf the right to rental income...

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