Tenet Healthsystem TGH, Inc. v. Silver

¶ 22 I agree completely with the majority’s analysis of A.R.S. § 33-814 and with its reasoning and disposition concerning the writ of attachment. But I respectfully dissent from the majority’s conclusion that the guaranty precludes the application of the collateral proceeds to the Silvers’ liability on the guaranty. I submit that the guaranty is reasonably susceptible to both parties’ interpretations and, accordingly, that summary judgment should have been denied.

¶ 23 Preliminarily, I disagree with the majority’s viewing the evidence in the light most favorable to Tenet, as the party opposing…