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ALLIANCE TRUTRUS v. CARLSON REAL ESTATE CO.

No. 1 CA-CV 10-0722.

270 P.3d 911 (2012)

ALLIANCE TRUTRUS, L.L.C., an Arizona corporation, Plaintiff/Appellee, v. CARLSON REAL ESTATE COMPANY dba Shoppes at Cotton Center De, L.L.C., a Minnesota limited partnership; Shoppes At Cotton Center De, L.L.C., a Delaware limited liability company; and Fidelity And Deposit Company of Maryland, a foreign insurance company, Defendants/Appellants.

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

February 28, 2012.

Attorney(s) appearing for the Case

Nussbaum Gillis & Dinner, P.C. By Dominica J. Minore, Scottsdale, Attorney for Plaintiff/Appellee.

Poli & Ball, P.L.C. By James B. Ball, Kesha A. Hodge, Phoenix, Attorneys for Defendants/Appellants.

OPINION

THOMPSON, Presiding Judge.

¶ 1 Appellant Carlson Real Estate Company (Carlson) appeals summary judgment granted to Appellee Alliance TruTrus, L.L.C. (Alliance), which held that Alliance had ninety days from the date of service of the surety bond to file suit. We disagree and reverse and remand for entry of judgment in favor of Carlson.

FACTS AND PROCEDURAL HISTORY1

¶ 2 Carlson had a...

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