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FL RECEIVABLES TRUST v. ARIZONA MILLS

No. 1 CA-CV 10-0803.

281 P.3d 1028 (2012)

FL RECEIVABLES TRUST 2002-A, a Delaware statutory trust, Plaintiff/Counterdefendant/Appellee, v. ARIZONA MILLS, L.L.C., a Delaware limited liability company, Defendant/Counterclaimant/Appellant. FL Receivables Trust 2002-A, a Delaware statutory trust, Plaintiff/Counterdefendant/Appellant, v. Arizona Mills, L.L.C., a Delaware limited liability company, Defendant/Counterclaimant/Appellee.

Court of Appeals of Arizona, Division 1.

June 21, 2012.

Attorney(s) appearing for the Case

Caldwell, Padish & Wells, PLLC by James E. Padish and Kellie N. Wells, Scottsdale, SNR Denton US, LLP by Joshua S. Akbar and Patrick E. Fitzmaurice, New York, NY, Attorneys for FL Receivables Trust 2002-A.

Fennemore Craig, PC by Andrew M. Federhar, and Theresa Dwyer-Federhar, and Jason D. Specht, Phoenix, Attorneys for Arizona Mills, LLC.

OPINION

THOMPSON, Judge.

¶ 1 FL Receivables Trust 2002-A (the Trust) and Arizona Mills, L.L.C. (Mills) have competing interests in the same building and fixtures located on land owned by Mills. After this court declared the Trust's security interest superior to any interest held by Mills, the superior court held a bench trial on the Trust's claims for supplemental relief and for breach of the implied covenant of good faith and fair dealing. The court...

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