BIANCO v. PATTERSON

No. 2 CA-CV 88-0140.

159 Ariz. 472 (1989)

768 P.2d 204

Paul J. BIANCO, Peter F. Bianco, Florence M. Bianco, Joseph M. Bianco, and Annette G. Bianco, Plaintiffs/Appellees, v. Stephen F. PATTERSON and Carol Patterson, husband and wife, Defendants/Appellants.

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

January 26, 1989.


Attorney(s) appearing for the Case

Gammage & Burnham by Michael R. King and Ellen C. Hoff, Phoenix, for plaintiffs/appellees.

Wright & Decker by Roger C. Decker and Ryan P. Dyches, Mesa, for defendants/appellants.


OPINION

HATHAWAY, Judge.

This appeal is taken from the trial court's entry of partial summary judgment in an action arising from the filing of an allegedly groundless lis pendens. Appellants raise the following issues on appeal: (1) may the court impose liability under A.R.S. § 33-420(A) where notice is not given and where the recorded document has been released of record, and (2) may liability for a violation of A.R.S. § 33-420 be imposed on the...

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