WEITZ CO., L.L.C. v. HETH

No. 1 CA-CV 11-0788.

314 P.3d 569 (2013)

The WEITZ COMPANY L.L.C., an Iowa limited liability company, Plaintiff/Appellee, v. Nicholas HETH, a single man; Barry Schwartz, a married man; Jeffrey Templin, a married man; Ken Perlmutter, a married man; Shelly Malkin, a married woman; Jody Storm Gale and Christie Bauer Gale, husband and wife; Jeff Templin and Terri Templin, husband and wife; Gregg Templin and Suzanne W. Templin, husband and wife; Michael J. Haasch and Laura S. Haasch, husband and wife; Jeffrey M. Lezak and Carol E. Lezak, husband and wife; Richard H. Fox, a married man; Brad Block, an unmarried man; Gregorio Meza Ayon, a married man; Siglifredo Lopez, a married man; Edward C. Ramos and Tamara C. Ramos, husband and wife; Scott Rose and Nicolle Rose, husband and wife; Scott Matthew Rose and Nicolle Claudine Rose Family Trust dated August 28, 2008; Darryl Goldstein, an unmarried man; Ken Adelson; Cary E. Frumes, an unmarried man; Ari Silvasti, a married man; Ben York III, an unmarried man; Chicago Summit, LLC; Franc W. Brodar and Jennifer A. Brodar, husband and wife; Ross Kerievsky, an unmarried man; Michael Schwartz, a married man; William Schwartz, a married man; Michael Castillo, a married man; H. Dennis Peterson and Carol A. Peterson, Trustees of the Peterson Living Trust dated March 6, 2006; Patrick Estfan and Sally Estfan, husband and wife; Tina Rospond, a single woman; L. Kenneth Brooks, an unmarried man; Patrick H. Walsh and Melissa R. Walsh, husband and wife; Afarin Radjaei-Bokharai, an unmarried person; Michael Davey, a married man; Jeffrey A. Hart, an unmarried man; Vincenzo Costa, an unmarried man; Joshua Pope, an unmarried man; Carl L. Faircloth and Patricia S. Faircloth, husband and wife; Art Gartenberg, an unmarried man; Mark F. Rudinsky and Christina J. Rudinsky, husband and wife; Pitre Properties Limited Partnership, an Arizona limited liability partnership; On-Call Solutions, LLC, an Arizona limited liability company; Michael L. McCartney, trustee of the Michael L. McCartney Revocable Living Trust dated December 27, 2005; David Hochberg and Elyse Hochberg, husband and wife; Jordan Green and Stephanie Green, husband and wife; Lawrence R. Kushner and Eileen S. Kushner, husband and wife; Debra J. Goodwin, a single woman; Lynda L. Gibson, an unmarried woman; Ting and Ling Development Group, LLC, an Arizona limited liability company; First National Bank Of Arizona, a national banking association; ING Bank, FSB, a federal savings bank; Mortgage Electronic Registration Systems, Inc., a Delaware corporation; Washington Mutual Bank, F.A., a federal savings bank; Wells Fargo Bank, N.A., a national association; Cole Taylor Bank, a foreign corporation; Bank of America, N.A., a national banking association; M & I Bank, FSB, a federal savings bank; National City Mortgage, a division of National City Bank, a national banking association; ABN Amro Mortgage Group, inc., a Delaware corporation; Harris Bank, N.A., a national banking association; CitiMortgage, Inc., a New York corporation; Perl Mortgage, Inc., an Illinois corporation; Charles Schwab Bank, N.A., a national banking association; Countrywide Bank, FSB, a federal savings bank; First Horizon Home Loans, a division of First Tennessee Bank, a national banking association; Premier Financial Services, Inc., an Arizona corporation, Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

November 26, 2013.


Attorney(s) appearing for the Case

Holden Willits PLC, Phoenix By Michael J. Holden and Barry A. Willits , Jonathan Sternberg , Attorney, P.C., Kansas City, MO, By Jonathan Sternberg , Pro Hac Vice, Co-Counsel for Plaintiff/Appellee.

Gust Rosenfeld P.L.C., Phoenix By Charles W. Wirken and Scott A. Malm , Counsel for Defendants/Appellants.

Dickinson Wright/Mariscal Weeks, PLLC, Phoenix By Michael R. Scheurich , Counsel for Amicus Curiae Land Title Association of Arizona.

Jennings, Haug & Cunningham, LLP, Phoenix By James L. Csontos , Counsel for Amicus Curiae Arizona Builders' Alliance.


OPINION

BROWN, Judge.

¶ 1 The question we address is whether Arizona's statutory provision governing the priority of mechanics' liens (Arizona Revised Statutes ("A.R.S.") section 33-992(A)) permits a court to shift lien priorities by applying the doctrine of equitable subrogation. Because § 33-992(A) expressly provides that mechanics' liens have priority over all subsequent encumbrances (subject to a narrow exception not applicable here...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases