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HCZ CONST. v. FIRST FRANKLIN FINANCIAL

No. 1 CA-CV 00-0170.

18 P.3d 155 (2001)

199 Ariz. 361

HCZ CONSTRUCTION, INC., Plaintiff-Appellant, v. FIRST FRANKLIN FINANCIAL CORPORATION, Defendant-Appellee.

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

February 8, 2001.

Attorney(s) appearing for the Case

Fennemore Craig by Timothy Berg, David A. Weatherwax, William S. Gates, Phoenix, Attorneys for Plaintiff-Appellant.

Santin, Poli, Ball & Sims, P.L.C. by James B. Ball, Phoenix, Attorneys for Defendant-Appellee.

OPINION

RYAN, Judge.

¶ 1 Arizona Revised Statutes Annotated ("A.R.S.") section 12-1198(A) states, in part, that a lis pendens "shall" be filed within five days of any action to foreclose on a mechanics' lien under A.R.S. section 33-998(A). In this appeal, we must decide whether the word "shall" as used in A.R.S. section 12-1198(A) is mandatory or directory. We hold that the Legislature's use of the word "shall...

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