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DIVIZIO v. KEWIN ENTERPRISES, INC.

No. 2 CA-CIV 4604.

136 Ariz. 476 (1983)

666 P.2d 1085

John A. DIVIZIO and Fannie Divizio, husband and wife; Walter A. Greig and Edna H. Greig, husband and wife; Mrs. Dorothy Zimmerman, a widow; Matt Schiller and Theresa Schiller, husband and wife; Lucien L. Farkas and Elizabeth Farkas, husband and wife; J.E. Walter and Mary Walter, husband and wife, Plaintiffs/Appellants, v. KEWIN ENTERPRISES, INC., an Arizona corporation; Arthur L. Kewin and Virginia M. Kewin, husband and wife, d/b/a Highlands Mobile Home Estates, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 1, 1983.

Attorney(s) appearing for the Case

Johnston & Grynkewich by Gary S. Grynkewich, Tucson, for plaintiffs/appellants.

Bilby, Shoenhair, Warnock & Dolph, P.C. by David A. Paige, Tucson, for defendants/appellees.

OPINION

BIRDSALL, Judge.

The appellants, plaintiffs in the trial court, are the owners of lots in Highland Mobile Home Estates, a subdivision in Pima County. The appellees/defendants are the operators of the mobile home estates who also own and manage the common areas. The trial court granted conditional class action certification to this action and by court approved stipulation the case was trifurcated for trial. This order provided that the first stage of...

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