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CIENA CAPITAL FUNDING, LLC v. KRIEG'S, INC.

No. 2 CA-CV 2016-0130.

394 P.3d 39 (2017)

CIENA CAPITAL FUNDING, LLC, a Delaware limited liability company, Plaintiff/Appellee, v. KRIEG'S, INC., an Arizona corporation; Dean G. Krieg and Mary Louise Krieg, individually and as husband and wife; Krieg Family Trust u/a/d 6/21/96, by and through its trustees, Dean G. Krieg and Mary Louise Krieg, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Filed April 7, 2017.

Attorney(s) appearing for the Case

Minkin & Harnisch, PLLC, Phoenix, By Andrew A. Harnisch and Jaclyn Foutz , Counsel for Plaintiff/Appellee.

Mesch Clark Rothschild, Tucson, By Gary J. Cohen and David J. Hindman , Counsel for Defendants/Appellants.

Judge Miller authored the opinion of the Court, in which Presiding Judge Staring and Judge Wright concurred.

OPINION

¶ 1 Dean and Mary Krieg (individually and as a marital community), Krieg's, Inc., and the Krieg Family Trust (collectively, "Guarantors") appeal the trial court's grant of partial summary judgment for Ciena Capital Funding, LLC ("Ciena") as to liability for breach of contract. They argue the court should have...

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