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BT CAPITAL, v. TD SERVICE CO. OF ARIZONA

No. CV-11-0308-PR.

275 P.3d 598 (2012)

BT CAPITAL, LLC, an Arizona limited liability corporation, Plaintiff/Appellant/Cross-Appellee, v. TD SERVICE COMPANY OF ARIZONA, an Arizona corporation; and RCS-Chandler, LLC, an Arizona limited liability company, Defendants/Appellees, and Point Center Financial, Inc., a foreign corporation, Defendant/Appellee/Cross-Appellant.

Supreme Court of Arizona, En Banc.

May 4, 2012.

Attorney(s) appearing for the Case

The Doyle Firm, P.C., By William H. Doyle , Brian R. Hauser , Robert J. Lord , D. Andrew Bell , Nathaniel J. Odle , Phoenix, Attorneys for BT Capital, LLC.

Jaburg & Wilk, P.C., By Kathi Mann Sandweiss , Roger L. Cohen , Phoenix, Attorneys for TD Service Company of Arizona and RCS-Chandler LLC.

Gallagher & Kennedy, P.A., By Thomas A. Maraz , Joseph E. Cotterman , Phoenix, Attorneys for Point Center Financial, Inc.

OPINION

BALES, Justice.

¶ 1 This case concerns commercial property that was subject to a deed of trust and auctioned at trustee's sales twice in 2009. Alleging it was the successful bidder at the second sale, BT Capital, LLC ("BT") sued the trustee and the trust beneficiary seeking title to the property and damages. We hold that this case was rendered moot when the property was purchased by the beneficiary...

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