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RIGOLI v. 44 MONROE MARKETING, LLC

No. 1 CA-CV 12-0587.

336 P.3d 745 (2014)

John I. RIGOLI and Delphine D. Rigoli, husband and wife; Julian Blum, and Fleeta Blum, husband and wife; Dennis Farrell and Alberta Farrell, husband and wife; Zenepe Koci; Phuong Phan and Hoang Phan, husband and wife; MT & TE Nelson, Ltd. aka Mt Nelson, Ltd, an Iowa corporation; Kevin Daney and Barbara Daney, husband and wife; Joseph Charters and Mary Charters, husband and wife; Knot Oaks Holding, LLC, a Delaware limited liability company; John Carpenter, Plaintiffs/Appellees, v. 44 MONROE MARKETING, LLC, a Delaware limited liability company, Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

October 9, 2014.

Attorney(s) appearing for the Case

Moyes Sellers & Hendricks, By Keith L. Hendricks, Stephen Brower, Phoenix, Counsel for Plaintiffs/Appellees.

Dickinson Wright PLLC, By Michael S. Rubin, Todd A. Baxter, Phoenix, Counsel for Defendant/Appellant.

Judge JOHN C. GEMMILL delivered the opinion of the Court, in which Presiding Judge MAURICE PORTLEY and Judge KENT E. CATTANI joined.

OPINION

GEMMILL, Judge.

¶ 1 This appeal arises from an unsuccessful project to construct and sell condominium units in Phoenix. Defendant/Appellant 44 Monroe Marketing, LLC ("Marketing") challenges the summary judgment granted to Plaintiffs/Appellees — condominium purchasers — that recognized the validity and priority of Plaintiffs' vendees' liens. Several questions are presented. Did Plaintiffs acquire equitable vendees' liens —...

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