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THOMAS v. MONTELUCIA VILLAS, LLC

No. 1 CA-CV 10-0761.

275 P.3d 607 (2012)

Ralph THOMAS and Carolee Thomas, husband and wife, Plaintiffs/Appellees, v. MONTELUCIA VILLAS, LLC, a Delaware limited liability company, Defendant/Appellant.

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

March 27, 2012.

Attorney(s) appearing for the Case

Lake & Cobb, P.L.C. By Joel E. Sannes and Kiel S. Berry , Tempe, Attorneys for Defendant/Appellant.

Beus Gilbert PLLC By Franklyn D. Jeans , Cory L. Broadbent and Cassandra H. Ayres , Scottsdale, Attorneys for Plaintiffs/Appellees.

OPINION

THOMPSON, Presiding Judge.

¶ 1 Montelucia Villas, L.L.C. (Montelucia) appeals the trial court's grant of summary judgment in favor of plaintiffs Ralph and Carolee Thomas (the Thomases). For the reasons that follow, we reverse and remand for entry of judgment in favor of Montelucia on its cross-motion for summary judgment.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 In January 2006, the Thomases entered into an agreement with Montelucia...

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