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ALLSTATE UTILITY CONST. v. TOWNE BANK

Nos. 1 CA-CV 10-0556, 1 CA-CV 10-0747.

263 P.3d 694 (2011)

ALLSTATE UTILITY CONSTRUCTION, LLC, an Arizona limited liability company, Plaintiff/Appellant, v. TOWNE BANK OF ARIZONA, an Arizona bank, Defendant/Appellee.

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

October 25, 2011.

Attorney(s) appearing for the Case

Jackson White PC by Aaron M. Finter , Roger R. Foote , Nathanial J. Hill , Mesa, Attorneys for Plaintiff/Appellant.

Gust Rosenfeld PLC by Timothy W. Barton , Adam L. Wilkes , Phoenix, Attorneys for Defendant/Appellee.

OPINION

JOHNSEN, Judge.

¶ 1 The superior court held a construction lien invalid because it concluded the claimant's preliminary 20-day notice and notice of service failed to comply with the statutory requirements. We reverse, holding that a preliminary 20-day notice need not necessarily contain the handwritten signature of the claimant, nor is a notice and claim of lien necessarily invalidated by the claimant's failure to deliver a form of acknowledgment...

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