PNC Bank v. Cabinetry by Karman, Inc.

OPINION

THOMPSON, Judge.

¶ 1 Appellant PNC Bank appeals the superior court’s denial of its application for excess proceeds and its motion for relief from judgment pursuant to Arizona Rule of Civil Procedure 60(c) (Rule). Resolution of this case turns on interpretation of Arizona Revised Statutes (A.R.S.) section 33-812 (Supp. 2011) 1 the statute governing the disposition of proceeds following a trustee’s sale. Finding that the application was timely filed, we reverse and remand to the superior court for proceedings consistent with this decision.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 Following a…