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POWELL-CERKONEY v. TCR-MONTANA RANCH

No. 1 CA-CV 91-0214.

176 Ariz. 275 (1993)

860 P.2d 1328

Constance J. POWELL-CERKONEY, a married woman dealing with her sole and separate property; Rita Eggleston, a married woman dealing with her sole and separate property, Plaintiffs-Appellees, v. TCR-MONTANA RANCH JOINT VENTURE, II and Trammell Crow Homes, Arizona Inc., Defendants-Appellants.

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

August 31, 1993.

Attorney(s) appearing for the Case

Rawlins Burrus Lewkowitz & Feinstein, P.C. by Allen L. Feinstein, Vista Thompson Brown, John C. Kelly, Phoenix, for plaintiffs-appellees.

Brown & Bain, P.A. by Robert C. Houser, Douglas Gerlach, Phoenix, for defendants-appellants.

OPINION

RUTH V. McGREGOR, Presiding Judge.

In this appeal, we hold that a trial judge's legal conclusions underlying an order denying an application for a preliminary injunction do not operate as law of the case to prevent another trial court judge who later considers a motion for summary judgment from conducting an independent legal analysis of the issues.

I.

Several owners (the owners) of homes or lots in Montana Ranch, a Scottsdale...

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