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LAVIDAS v. SMITH

No. 2 CA-CV 98-0208.

987 P.2d 212 (1999)

195 Ariz. 250

Louis LAVIDAS and Koula Lavidas, husband and wife, Plaintiffs/Appellees, v. Lorne M. SMITH, a single man, Defendant/Appellant.

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

August 13, 1999.

Attorney(s) appearing for the Case

Karman Law Offices, P.C. By Howard H. Karman, Casa Grande, Attorneys for Plaintiffs/Appellees.

Wilenchik & Bartness, P.C. By Dennis I. Wilenchik and Robert C. Brown, Phoenix, Attorneys for Defendant/Appellant.

OPINION

PELANDER, Presiding Judge.

¶ 1 Defendant/appellant Lorne Smith appeals from the trial court's order granting summary judgment in favor of plaintiffs/appellees Louis and Koula Lavidas quieting title to them on a 100-acre parcel of property in Pinal County. Based on our interpretation of former A.R.S. § 42-381(B) as applied to former § 42-463(A),1 we vacate the trial court's summary judgment and remand...

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