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BIKE FASHION CORP. v. KRAMER

No. 1 CA-CV 01-0300.

46 P.3d 431 (2002)

202 Ariz. 420

BIKE FASHION CORP., an Arizona corporation, as assignee for Lorne Kramer; Southam Properties, Inc., an Arizona corporation; and Prospect Holdings, Ltd., an Arizona corporation, as assignee and successor in interest of Dennis Porter, Syndicate Enterprises, Ltd., Donald Fast, Fast Holdings, Inc., and Harvey Gould (or,) alternatively, those persons individually in the event assignments were ineffective, individually, and, if necessary, derivatively on behalf of the Bell 20/21 Partnership, Plaintiffs-Appellants, v. Robert F. KRAMER and Ann M. Kramer, husband and wife; Mount Royal Management, Inc., a Delaware corporation; Regis Properties, Inc., an Arizona corporation; Freeport Financial Corp., an Arizona corporation; Capital Development Corp., an Arizona corporation; M.L. Sweeney; R.C. Romero; Alport Holdings, Inc., a Nevada corporation; Wardley Properties, Inc., an Arizona corporation; A.K. Basu; Thomas Kitching, Defendants-Appellees. Robert F. Kramer and Ann M. Kramer, husband and wife; Regis Properties, Inc., an Arizona corporation; Mount Royal Management, Inc., a Delaware corporation, Defendants-Appellants, v. Bike Fashion Corp., an Arizona corporation, as assignee for Lorne Kramer; Southam Properties, Inc., an Arizona corporation; and Prospect Holdings, Ltd. an Arizona corporation, as assignee and successor in interest of Dennis Porter, Syndicate Enterprises, Ltd., Donald Fast, Fast Holdings, Inc., and Harvey Gould (or,) alternatively, those persons individually in the event assignments were ineffective, individually, and, if necessary, derivatively on behalf of the Bell 20/21 Partnership, Plaintiffs-Appellees.

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

May 16, 2002.

Attorney(s) appearing for the Case

Mohr, Hackett, Pederson, Blakley & Randolph, P.C. By Daniel Beeks and Russell Piccoli, Phoenix, Attorneys for Plaintiffs-Appellants-Cross-Appellees.

Harris Law Firm, P.C. By John D. Harris, Phoenix, Attorneys for Defendants-Appellees-Cross-Appellants.

Mariscal, Weeks, McIntyre & Friedlander, P.A. By Gary L. Birnbaum and Kelley Lewis, Phoenix, Attorneys for Defendants-Appellees Alport, Wardley, Basu and Kitching.

OPINION

EHRLICH, Judge.

¶ 1 Bike Fashion Corp., Southam Properties and Prospect Holdings ("Bike") appeal an adverse judgment and denial of their motion for new trial. Robert F. and Ann Kramer ("Kramer") and Mount Royal Management appeal the denial of their request for attorneys' fees. We affirm in part, reverse in part and remand for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL...

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