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ALLSTATE UTILITY CONST. v. TOWNE BANK

Nos. 1 CA-CV 10-0556, 1 CA-CV 10-0747.

263 P.3d 694 (2011)

ALLSTATE UTILITY CONSTRUCTION, LLC, an Arizona limited liability company, Plaintiff/Appellant, v. TOWNE BANK OF ARIZONA, an Arizona bank, Defendant/Appellee.

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

October 25, 2011.

Attorney(s) appearing for the Case

Jackson White PC by Aaron M. Finter, Roger R. Foote, Nathanial J. Hill, Mesa, Attorneys for Plaintiff/Appellant.

Gust Rosenfeld PLC by Timothy W. Barton, Adam L. Wilkes, Phoenix, Attorneys for Defendant/Appellee.

OPINION

JOHNSEN, Judge.

¶ 1 The superior court held a construction lien invalid because it concluded the claimant's preliminary 20-day notice and notice of service failed to comply with the statutory requirements. We reverse, holding that a preliminary 20-day notice need not necessarily contain the handwritten signature of the claimant, nor is a notice and claim of lien necessarily invalidated by the claimant's failure to deliver a form of acknowledgment...

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