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DOBSON BAY CLUB II v. LA SONRISA DE SIENA

No. 1 CA-CV 13-0709.

366 P.3d 1022 (2016)

239 Ariz. 132

DOBSON BAY CLUB II DD, LLC, a Delaware limited liability company; Dobson Bay Club III KD, LLC, a Delaware limited liability company; Dobson Bay Club IV KG, LLC, a Delaware limited liability company; and Darby AZ Portfolio, LLC, a Delaware limited liability Company, Plaintiffs/Appellants v. LA SONRISA DE SIENA, LLC, an Arizona limited liability company, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

January 28, 2016.

Attorney(s) appearing for the Case

Lewis Roca Rothgerber LLP, By Brian J. Pollock, Jared L. Sutton, Phoenix, Counsel for Plaintiffs/Appellants.

Schern Richardson Finter Decker, PLC, By Michael A. Schern, Mark A. Hanson, Mesa, Counsel for Defendant/Appellee.

Judge MICHAEL J. BROWN delivered the opinion of the Court, in which Presiding Judge PETER B. SWANN and Judge KENTON D. JONES joined.

OPINION

¶ 1 Dobson Bay Club II DD, LLC, et al. ("Dobson Bay") appeals the trial court's entry of partial summary judgment in favor of La Sonrisa De Siena, LLC ("La Sonrisa") on Dobson Bay's claim for declaratory relief concerning the enforceability of a late fee provision in a promissory note. The sole issue before us...

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