STARR PASS RESORT DEVELOPMENTS, LLC; Starpass Master Home Owners Association; Starr Pass Residential, LLC; Title Security Agency of Arizona; and Starr Pass Redevelopment, LLC, Petitioners,
v.
Hon. Charles HARRINGTON, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and
U.S. Bank National Association, as Trustee, successor-in-interest to Bank of America, N.A., as Trustee, successor to Wells Fargo Bank, N.A., as Trustee, for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2006 TFL2, by and through its Special Servicer, CW Capital Asset Management, LLC, Real Party in Interest.
Court of Appeals of Arizona, Division 2.https://leagle.com/images/logo.png
Filed October 10, 2018.
Filed October 10, 2018.
Attorney(s) appearing for the Case
Campbell Killin Brittan & Ray LLC, Denver, Colorado, By Bruce E. Rohde , and BurnsBarton LLP, Phoenix, By C. Christine Burns , Counsel for Petitioners.
Stephen J. Gonzalez PC, Tucson, By Stephen J. Gonzalez , Counsel for Petitioner Starr Pass Resort Developments LLC.
DeConcini McDonald Yetwin & Lacy, Tucson, By Jody Corrales , Counsel for Petitioner Starr Pass Residential LLC.
Judge Eppich authored the opinion of the Court, in which Presiding Judge Vásquez and Judge Espinosa concurred.
OPINION
EPPICH, Judge:
¶ 1 The petitioners1 seek special-action review of the respondent judge's determination that he lacks authority to permit a property bond to stay a judgment pending appeal pursuant to A.R.S. § 12-2108 and Rule 7, ARCAP, and that any appeal bond must be a cash bond. Because the...
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