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PNL v. BRENDGEN & TAYLOR PARTNERSHIP

No. 1 CA-CV 98-0101.

970 P.2d 958 (1998)

193 Ariz. 126

PNL ASSET MANAGEMENT COMPANY, LLC, Successor-in-interest to the Federal Deposit Insurance Corporation, Manager of the FSLIC Resolution Fund, receiver of Liberty Federal Savings Bank, Plaintiff-Appellant, v. BRENDGEN & TAYLOR PARTNERSHIP, a Texas general partnership; Harry L Brendgen, a single man; Thomas W. Taylor and Mary Anna Taylor, husband and wife; the Unknown Heirs and Devisees of one or more of the foregoing-named defendants; Spartan Technologies, Inc., a Texas corporation; Pacer Building Systems, Inc., a Texas corporation, Defendants-Appellees.

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

As Amended January 5 and March 2, 1999.

Attorney(s) appearing for the Case

Law Office of S. Cary Forrester by S. Cary Forrester, Phoenix, for Plaintiff-Appellant.

Frazer, Ryan, Goldberg & Hunter L.L.P. by Raymond M. Hunter and Jeffrey P. Hubbard, Phoenix, for Defendants-Appellees.

OPINION

GERBER, Judge.

¶ 1 PNL Asset Management Company, LLC (PNL) appeals from summary judgment granted to Brendgen & Taylor et al (B & T for partnership) in an action to foreclose on a deed of trust and to recover on the underlying promissory note and guaranty. This court has jurisdiction under Arizona Revised Statutes Annotated ("A.R.S") section 12-2101(B)(1994). For the reasons that follow, we reverse the summary judgment of the trial...

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