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JANIS v. SPELTS

No. 2 CA-CV 87-0030.

153 Ariz. 593 (1987)

739 P.2d 814

Lynn B. JANIS; Morwest Developments Arizona, Inc., an Arizona corporation, Plaintiffs/Appellants/Cross-Appellees. v. Louis C. SPELTS, Jr. and Sally Jo Spelts, husband and wife, the 40th Street and Van Buren General Partnership, an Arizona corporation, Defendants/Appellees/Cross-Appellants.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied April 21, 1987.

Review Denied June 30, 1987.

Attorney(s) appearing for the Case

Kaplan, Jacobowitz, Byrnes, Rosier & Hendricks, P.A. by Richard G. Himelrick, Phoenix, for plaintiffs/appellants/cross-appellees.

Shull, Wortman & Watland, P.C. by Robert A. Shull and Adrianne Kalyna, Phoenix, for defendants/appellees/cross-appellants.

OPINION

HOWARD, Presiding Judge.

This lawsuit involved two parcels of land, 320 acres in Carefree, Arizona, and certain property in Phoenix at 40th Street and Van Buren (40th Street Property). The plaintiffs filed a complaint seeking the imposition of a constructive trust on the Carefree property and a division of certain profits on the sale of the 40th Street Property. In conjunction with the filing of the complaint, plaintiffs filed a lis pendens on the...

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