TWE RETIREMENT FUND TRUST v. REAM

No. 1 CA-CV 99-0497.

8 P.3d 1182 (2000)

198 Ariz. 268

TWE RETIREMENT FUND TRUST, a Nevada Trust, by William Eversole, Trustee; and Linda L. Proctor Separate Property Trust, a Nevada Trust, by Linda Proctor-Eversole, Trustee, Plaintiffs-Appellants, v. James J. REAM and Amy Ream, husband and wife, Defendants-Appellees.

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

August 31, 2000.


Attorney(s) appearing for the Case

Stegall, Katz & Whitaker, P.C. By Philip B. Whitaker, April D. Miller, Phoenix, for Plaintiffs-Appellants.

Renaud, Cook & Drury, P.A. By James L. Blair, Timothy J. Watson, Phoenix, for Defendants-Appellees.


OPINION

VOSS, Judge.

¶ 1 This appeal raises a question of first impression in Arizona: whether a litigant may properly file a notice of lis pendens on Arizona real property in connection with extraterritorial litigation potentially affecting title to that property. The trial court answered this question affirmatively, and also concluded that the defendants in the extraterritorial action could not recover on their subsequent claim for the wrongful filing...

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