FAGERLIE v. MARKHAM CONTRACTING CO., INC.

No. 1 CA-CV 10-0051.

258 P.3d 185 (2011)

Seth FAGERLIE, Plaintiff/Appellee, v. MARKHAM CONTRACTING CO., INC., an Arizona corporation, Defendant/Appellant. Markham Contracting Co., Inc., an Arizona corporation, Third-Party Plaintiff/Counter-Defendant/Appellant, v. Amol Rakkar, Trustee of the Rakkar Family Trust dated August 4, 2004; Daniel Ardelean; M & I Marshall and Ilsley Bank; Sorina Hreniuc; Maria Bonchis; Lorenso Lopez and Kelly Sue Lopez, husband and wife; Kenneth Cropper and Elaine Cropper, husband and wife; Timotei Husua and Maria Husua, husband and wife; Simion Oros and Viorica Olga Oros, husband and wife; Mike Olari and Ana Olari, husband and wife; Romulus I. Rus, a married man; Emanuela Oprea, a married woman; Cornel Avram and Daniela D. Avram, Trustees, or their successors in trust under the Avram Family Trust dated December 30, 2003; Dorel I. Muresan, a married man; Dennis L. Barber and Lois A. Barber, Trustees of the Dennis L. Barber and Lois A. Barber Family Trust created November 5, 1999; Leland Yoder and Sharon Yoder, husband and wife; Carl J. Winski, III and Jane Doe Winski, husband and wife; Ioan John Avram, a married man; Gheorghe Lazan and Maria Lazan, husband and wife; John Hreniuc and Sorina Hreniuc, husband and wife; Slamed, Inc., a Nevada corporation; Alliance Bank of Arizona, an Arizona banking corporation; National Bank of Arizona, a banking institution; Desert Hills Bank, a banking institution; Indymac Bank, FSB, a foreign banking institution; Mortgage Registration Systems, Inc., a foreign corporation, Third Party Defendants/Counter-Claimants/Appellees.

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

May 31, 2011.


Attorney(s) appearing for the Case

Ramras Law Offices, PC by David N. Ramras , Ari Ramras , Phoenix, Attorneys for Plaintiff/Appellee and Third Party Defendants/Counter-Claimants/Appellees.

Osborn Maledon, PA by Thomas L. Hudson , Joseph N. Roth , Phoenix, Palecek & Palecek, PLLC by Karen A. Palecek , Kimberly A. Lane , Scottsdale, Attorneys for Defendant/Appellant.


OPINION

IRVINE, Judge.

¶ 1 Markham Contracting Company ("Markham") appeals from summary judgment entered in favor of Seth Fagerlie and other individual lot owners of The Estates at Happy Valley (collectively, "lot owners"). The trial court found that Markham's lien was technically defective and sanctioned Markham for filing wrongful lien documents. We hold: (1) that Markham could claim a lien on the lots for work done at the "instance" of the developer...

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