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FULTON HOMES CORP. v. BBP CONCRETE

No. 1 CA-CV 05-0510.

155 P.3d 1090 (2007)

FULTON HOMES CORPORATION, an Arizona corporation; Fulton Home Sales Corporation, an Arizona corporation, as successor in interest through merger to Fulton Home Sales Corporation, a California corporation; Fulton Homes Warranty Corporation, an Arizona corporation, Third-Party Plaintiffs/Appellants, v. BBP CONCRETE, an Arizona corporation; Trojan Concrete, Inc., an Arizona corporation, Third-Party Defendants/Appellees.

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

April 24, 2007.

Attorney(s) appearing for the Case

Koeller, Nebeker, Carlson & Haluck, LLP By William A. Nebeker, Corey B. Larson and Wood Smith Henning & Berman LLP By David E. McDowell, Ryan P. Toftoy, Phoenix, Attorneys for Third-Party Plaintiffs/Appellants.

Schneider & Onofry, PC By Charles D. Onofry, Luane Rosen, Phoenix, Attorneys for Third-Party Defendants/Appellees.

OPINION

IRVINE, Presiding Judge.

¶ 1 Fulton Homes Corporation ("Fulton") appeals the trial court's summary judgment awarding attorneys' fees in favor of BBP Concrete ("BBP") and Trojan Concrete ("Trojan") after the parties stipulated to the dismissal of Fulton's third-party complaint against BBP and Trojan.

FACTS AND PROCEDURAL HISTORY

¶ 2 In October 2003, homeowners at the El Dorado/Cornerstone Highlands project sued Fulton,...

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