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BMO HARRIS BANK v. WILDWOOD CREEK RANCH

No. 1 CA-CV 12-0728.

317 P.3d 641 (2014)

BMO HARRIS BANK N.A., as Successor to M & I Marshall & Ilsley Bank, Plaintiff/Appellant, v. WILDWOOD CREEK RANCH, LLC; Shaun F. Rudgear, and Kristina B. Rudgear, as husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

As Amended January 21, 2014.

Attorney(s) appearing for the Case

Stinson Morrison Hecker LLP By Jeffrey J. Goulder , Phoenix, Counsel for Plaintiff/Appellant.

Kercsmar & Feltus PLLC By Geoffrey S. Kercsmar , William T. Luzader and Julia A. Guinane , Scottsdale, Counsel for Defendants/Appellees.

Presiding Judge ANDREW W. GOULD delivered the opinion of the Court, in which Judge MICHAEL J. BROWN joined and Judge DONN KESSLER specially concurred.

OPINION

GOULD, Judge.

¶ 1 BMO Harris Bank ("BMO") appeals the trial court's grant of partial summary judgment in favor of Wildwood Creek Ranch, LLC ("Wildwood"), and Shaun and Kristina Rudgear ("the Rudgears"). In making its ruling, the trial court relied on M & I Marshall & Ilsley Bank v. Mueller, 228 Ariz. 478, 268 P.3d 1135 (App.2011), and concluded the Rudgears...

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