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FL RECEIVABLES TRUST 2002-A v. AZ MILLS

No. 1 CA-CV 04-0229.

111 P.3d 430 (2005)

210 Ariz. 388

FL RECEIVABLES TRUST 2002-A, a Delaware statutory trust, Plaintiff-Appellant, v. ARIZONA MILLS, L.L.C., an Arizona limited liability company, Defendant-Appellee.

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

May 12, 2005.

Attorney(s) appearing for the Case

Tiffany & Bosco, P.A. by Christopher R. Kaup, Pamela L. Kingsley, Phoenix and Thacher, Proffit & Wood by John Doherty, New York, N.Y., Attorneys for Plaintiff-Appellant.

Philip R. Wooten, P.C. by Philip R. Wooten, Phoenix, Attorneys for Defendant-Appellee.

OPINION

LANKFORD, Judge.

¶ 1 Florida Receivables Trust 2002-A ("lender") appeals from judgment in favor of Arizona Mills, L.L.C. ("landlord"). Although a number of issues are raised on appeal, the dispositive issue is whether the landlord's interest in certain improvements on real property is superior to the secured lender's interest. Because the security interest is superior, we reverse.

¶ 2 The landlord entered into a written lease with...

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