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MIIDAS GREENHOUSES v. GLOBAL HORTICULTURAL

No. 2 CA-CV 2010-0073.

244 P.3d 579 (2010)

MIIDAS GREENHOUSES, LLC, an Arizona limited liability company; Invernaderos Santa Fe, S.A. de C.V., a Mexican corporation, Plaintiffs/Appellants, v. GLOBAL HORTICULTURAL, INC., a Canadian corporation and Berger Group Ltd., aka Groupe Berger, Ltd., a Canadian corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

December 22, 2010.

Attorney(s) appearing for the Case

Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C. By D. Michael Mandig and Corey B. Larson, Tucson, Attorneys for Plaintiffs/Appellants.

Goering, Roberts, Rubin, Brogna, Enos & Treadwell-Rubin, P.C. By Scott Goering and Elizabeth L. Warner, Tucson, Attorneys for Defendant/Appellee Berger Group, Ltd.

Hazlett Law Firm By Carl E. Hazlett, Tucson, Attorney for Defendant/Appellee Global Horticultural, Inc.

OPINION

KELLY, Judge.

¶ 1 In this appeal from the trial court's grant of summary judgment in favor of Global Horticultural Inc. and Berger Group Ltd., appellants Miidas Greenhouses and Invernaderos Santa Fe argue the court erred in concluding the economic loss rule barred their tort claims in this action. We agree and therefore vacate the court's judgment.

Background

¶ 2...

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