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WOLFINGER v. CHECHE

Nos. 1 CA-CV 02-0421, 1 CA-CV 02-0422.

80 P.3d 783 (2003)

206 Ariz. 504

John and Maria WOLFINGER, husband and wife, Plaintiffs-Appellants, Brian Holohan, Attorney-Appellant, v. Pasquale R. CHECHE and Nancy Cheche, husband and wife; Pasquale R. Cheche, P.C., an Arizona professional corporation; Stanley and Barbara Lubin, husband and wife; The Law Offices of Stanley Lubin, P.C., an Arizona professional corporation, Defendants-Appellees.

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

December 9, 2003.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, by Brian Holohan, Phoenix, Attorneys for Plaintiffs-Appellants Wolfinger.

Gust Rosenfeld P.L.C., by Richard A. Segal, Phoenix, Attorneys for Plaintiffs-Appellants Holohan and Wolfinger.

Fennemore Craig, P.C., by Kenneth J. Sherk, Douglas C. Northup, Phoenix, Attorneys for Defendants-Appellees Lubin.

Junker, Shiaras & Harrington, by Michael P. Shiaras, Robert Mackenzie, Scottsdale, Attorneys for Defendants-Appellees Cheche.

OPINION

BARKER, Judge.

¶ 1 This is a complex wrongful institution of civil proceedings ("WICP") claim that draws on thirteen years of litigation between the parties or their clients. As part of this action, we establish that surviving a motion for summary judgment is not a per se bar to a WICP claim and that the subjective intent of the defendant to a WICP claim is irrelevant as long as the claim pursued was objectively reasonable.

I.

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