Stewart v. Fahey

(specially concurring).

I differ in my view of the nature of the privilege involved in the case at bar; consequently, I am filing a special concurring *152opinion to merely highlight this difference of opinion. My review of the law convinces me that the defendant’s claim of “privilege” is well founded and we must therefore affirm the judgment on that basis.

It is the defendant’s contention that the filing of a Us pendens, pursuant to A.R.S. § 12-1191, constitutes a privileged act and therefore the trial court properly granted him summary judgment. Defendant cites no specific Arizona statute or…