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ARIZONA TILE, L.L.C. v. BERGER

No. 1 CA-CV 08-0763.

224 P.3d 988 (2010)

ARIZONA TILE, L.L.C., an Arizona limited liability company, Plaintiff-Appellee, v. Howard Steven BERGER and Cynthia Berger, husband and wife; John McCarthy, Defendants-Appellants.

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

as Amended February 8, 2010.

Attorney(s) appearing for the Case

Berry & Branch, PLLC by Christopher J. Berry, Katherine R. Branch, Phoenix, Attorneys for Appellants.

Lake & Cobb, PLC by Richard L. Cobb, Joel E. Sannes, Joseph J. Glenn, Tempe, Attorneys for Appellee.

OPINION

WEISBERG, Judge.

¶ 1 Arizona Tile, L.L.C. sold materials on an open account to Designer Surfaces, Inc., an Arizona corporation. Designer Surfaces' board of directors consisted of only two individuals, Howard Berger and John McCarthy. After Designer Surfaces failed to pay it, Arizona Tile filed suit against Designer Surfaces, Berger and his wife, and eventually McCarthy as well. The superior court granted summary judgment to Arizona Tile and...

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