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HATCH COMPANIES CONTR. v. ARIZONA BANK

1 CA-CV 89-623.

170 Ariz. 553 (1991)

826 P.2d 1179

HATCH COMPANIES CONTRACTING, INC., Plaintiff, Counter-defendant-Appellant, v. The ARIZONA BANK, Defendant, Counter-claimant-Appellee.

Court of Appeals of Arizona, Division 1, Department D.

Review Denied April 7, 1992.

Attorney(s) appearing for the Case

Kennedy, Wilson & Lerch by Lee Allen Johnson, Phoenix, for appellant.

Ryley, Carlock & Applewhite by Brenda Moody Whinery and Guy D. Kidd, Phoenix, for appellee.

OPINION

VOSS, Presiding Judge.

Hatch Companies Contracting, Inc. (Hatch) appeals from a summary judgment for The Arizona Bank, the predecessor in interest to appellee Security Pacific Bank of Arizona (Bank), awarding it statutory damages of $5,000 pursuant to A.R.S. § 33-420 and costs and attorney's fees of $3,500 for Hatch's wrongful filing of a lis pendens. Hatch raises three issues on appeal:

1. Did the bank lack standing to question the...

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