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HORTON v. MITCHELL

No. 1 CA-CV 00-0500.

29 P.3d 870 (2001)

200 Ariz. 523

Roy E. HORTON and Leslie Horton, husband and wife, Plaintiffs, Counterdefendants-Appellants, v. Charles E. MITCHELL, a single man; the successors in interest to Charles E. Mitchell in and to the real property known as Lot 2, Ann-Lynn Estate, MCR 187/2, Maricopa County, Defendants, Counterclaimants-Appellees.

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

July 31, 2001.

Attorney(s) appearing for the Case

Kessler Law Offices by Eric W. Kessler, Mesa, Attorneys for Plaintiffs, Counterdefendants-Appellants.

Law Offices of Charles E. Maxwell, P.C. by Charles E. Maxwell, Mesa, Attorneys for Defendants, Counterclaimants-Appellees.

OPINION

GARBARINO, Presiding Judge.

¶ 1 Roy E. Horton and Leslie Horton appeal from the trial court's denial of their requested injunctive relief and the trial court's award of attorneys' fees in favor of Charles E. Mitchell. For the reasons that follow, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 The facts in this matter are largely undisputed. In June 1998, the Hortons acquired Lot 1 in Ann Lynn Estates, a deed...

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