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WELLS FARGO BANK N.A. v. ROGERS

No. 1 CA-SA 15-0271.

366 P.3d 583 (2016)

239 Ariz. 106

WELLS FARGO BANK N.A., Petitioner, v. The Honorable Joshua ROGERS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Robert G. Hoag Revocable Living Trust Dated July 15, 1992; Robert G. Hoag and Jane Doe Hoag, Husband and wife; Robert G. Hoag, individually and as Trustee of Robert G. Hoag Revocable Living Trust Dated July 15, 1992, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

January 28, 2016.

Attorney(s) appearing for the Case

Jaburg & Wilk PC, By Roger L. Cohen, Kathi M. Sandweiss, Phoenix, Counsel for Petitioner.

Wallin Hester PLC, By Chad A. Hester, Gilbert, Counsel for Real Parties in Interest.

Judge PATRICIA K. NORRIS delivered the opinion of the Court, in which Presiding Judge DONN KESSLER and Judge KENT E. CATTANI joined.

OPINION

¶ 1 Arizona Revised Statutes ("A.R.S.") section 12-2108 (Supp. 2015) and the provisions of Arizona Rule of Civil Appellate Procedure 7 ("Rule 7") that track this statute limit the amount of a bond a party must furnish to stay the enforcement of, or execution on, a judgment. The dispositive issue in this special...

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