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BATIZA v. SUPERFON

Nos. 2 CA-CV 92-0167, 2 CA-CV 92-0168.

175 Ariz. 431 (1992)

857 P.2d 1285

George and Esperanza BATIZA, husband and wife, Plaintiffs/Garnishors/Appellees, v. Neil P. SUPERFON as Trustee of the NPS Defined Contribution Pension Plan, Defendant/Appellant, and Arizona Skin and Laser Surgery Profit Sharing Plan, Garnishee/Appellant.

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

Review Denied September 21, 1993.

Attorney(s) appearing for the Case

Atmore Baggot and Gary A. Wieser, Phoenix, for plaintiffs/garnishors/appellees.

Brandes, Lane & Joffe, P.C. by Richard N. Brandes and Joseph M. Huey, Phoenix, for defendant/appellant and garnishee/appellant.

OPINION

FERNANDEZ, Judge.

Appellees George and Esperanza Batiza filed suit against appellant Neil P. Superfon as trustee of the NPS Defined Contribution Pension Plan (Pension Plan) for failure to pay a promissory note. The trial court granted the Batizas' motion for summary judgment, and the trustee has appealed, arguing that disputed fact issues exist so as to preclude entry of summary judgment.

In attempting to collect their judgment...

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