Arizona Coffee Shops, Inc. v. Phoenix Downtown Parking Ass'n
Arizona Supreme Court
1Opinion of the Court
BERNSTEIN, Chief Justice.
This is an action to foreclose a mortgage in which plaintiff obtained summary judgment. Defendant corporation appeals.
This appeal presents the question of whether the trial court may enter summary judgment in a foreclosure action brought about by the failure of the defendant to make a timely interest payment. Our rules provide that a summary judgment can be granted only where no genuine issue as to any material fact exists. Ariz. Rules Civ.Proc. 56(c), 16 A.R.S., Sarti v. Udall, 91 Ariz. 24, 369 P.2d 92 (1962). Implicit in the trial court’s granting of plaintiff’s…
Also in this document: Concurrence.
2Cases cited10 opinions
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Ferlazzo v. RileyNew York Court of Appeals · 1938
- Bisno v. SaxCalifornia Court of Appeal · 1959
- Lieberbaum v. Surfcomber Hotel Corp.District Court of Appeal of Florida · 1960
- Sarti v. UdallArizona Supreme Court · 1962
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3Cited by38 opinions
- Tiffany Incorporated v. WMK Transit Mix, Inc.Court of Appeals of Arizona · 1972
- Baltimore Life Insurance Company v. HarnCourt of Appeals of Arizona · 1971
- State Bank of Lehi v. WoolseyUtah Supreme Court · 1977
- Ahwatukee Custom Estates Management Ass'n v. TurnerCourt of Appeals of Arizona · 2000
- Elson Development Co. v. Arizona Savings & Loan Ass'nArizona Supreme Court · 1965
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