Legal Opinion

Fortune v. Superior Court

Court of Appeals of Arizona

Decided February 14, 1989No. 1 CA-SA 88-244PublishedCited by 4 opinions

1Opinion of the Court

OPINION

JACOBSON, Judge

This is a special action from the trial court’s order denying defendants’ motion for partial summary judgment, which motion sought to release a mechanic’s and materialmen’s lien recorded by the plaintiff/real party in interest, Million Development Company (Million). The issue raised is whether the trial court erred in failing to find the lien invalid as a matter of law.

Procedural Background

This special action arises out of an action brought by Million against petitioners, Robert L. Fortune and Joan E. Fortune (Fortunes), for breach of a contract that provided for Million…

2Cases cited10 opinions

  1. United States v. Super. Ct. in & for Maricopa Cty.Arizona Supreme Court · 1985
  2. Price v. SunmasterCourt of Appeals of Arizona · 1976
  3. Lanier v. LovettArizona Supreme Court · 1923
  4. Hayward Lumber & Investment Company v. GrahamArizona Supreme Court · 1968
  5. Surf Properties v. Markowitz Bros.Supreme Court of Florida · 1954

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3Cited by4 opinions

  1. Tilt-Up Concrete, Inc. v. Star City/Federal, Inc.Nebraska Supreme Court · 1998
  2. United Metro Materials, Inc. v. Pena Blanca Properties, L.L.C.Court of Appeals of Arizona · 2000
  3. Zepsa Construction, Inc. v. RandazzoCourt of Appeals of South Carolina · 2004
  4. Zepsa Construction, Inc. v. RandazzoCourt of Appeals of South Carolina · 2003

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