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OWENS v. M.E. SCHEPP LTD. PARTNERSHIP

No. 1 CA-CV 06-0162.

165 P.3d 674 (2007)

Hal OWENS, a married man dealing with his sole and separate property, Plaintiff/Counterdefendant, Appellee, v. M.E. SCHEPP LIMITED PARTNERSHIP, an Arizona partnership, Defendant/Counterclaimant, Appellant.

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

August 23, 2007.

Attorney(s) appearing for the Case

Perkins, Coie, Brown & Bain, P.A. by Jordan L. Green, Phoenix, Attorneys for Plaintiff-Counterdefendant, Appellee.

Fennemore Craig, P.C., Roger T. Hargrove, Roger T. Hargrove, Phoenix, Attorneys for Plaintiff-Counterdefendant, Appellee.

McCabe O'Donnell, P.A. by Joseph I. McCabe, Jr., Clifford J. Roth, Phoenix, Attorneys for Defendant-Counterclaimant, Appellant.

OPINION

BARKER, Judge.

¶ 1 M.E. Schepp Limited Partnership ("Schepp Partnership") appeals from entry of partial summary judgment ordering statutory partition of residential property in which it owns an undivided interest as a tenant in common with Hal Owens. It contends the court erred by failing to find issues of fact concerning the existence and enforceability of an oral, voluntary partition agreement. For the reasons that follow, we agree and accordingly...

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