Legal Opinion

Ciena Capital Funding, LLC v. Krieg's, Inc.

Court of Appeals of Arizona

Decided April 7, 2017No. 2 CA-CV 2016-0130PublishedCited by 4 opinions

1Opinion of the Court

OPINION

MILLER, Judge:

¶ 1 Dean and Mary Krieg (individually and as a marital community), Krieg’s, Inc., and the Krieg Family Trust (collectively, “Guarantors”) appeal the trial court’s grant of partial summary judgment for Ciena Capital Funding, LLC (“Ciena”) as to liability for breach of contract. They argue the court should have granted their cross-motion for summary judgment or, alternatively, genuine issues of material fact prevented summary judgment for Ciena. We affirm the court’s ruling subject to one modification as explained below.

Factual and Procedural Background

¶ 2 In September…

2Cases cited26 opinions

  1. Harris v. Provident Life And Accident Insurance CompanyCourt of Appeals for the Second Circuit · 2002
  2. Jacobson v. SassowerNew York Court of Appeals · 1985
  3. Bilke v. StateArizona Supreme Court · 2003
  4. Peter Hall and Big Bad Productions, Inc. v. Earthlink Network, Inc., Docket No. 04-0384-CvCourt of Appeals for the Second Circuit · 2005
  5. Cardon v. Cotton Lane Holdings, Inc.Arizona Supreme Court · 1992

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3Cited by4 opinions

  1. First-Citizens Bank & Trust Co. v. MorariCourt of Appeals of Arizona · 2017
  2. Az Electric Power v. Djl 2007Court of Appeals of Arizona · 2019
  3. Rindlisbacher v. Steinway & Sons IncorporatedDistrict Court, D. Arizona · 2021
  4. Trap-Zap v. FacilitysourceCourt of Appeals of Arizona · 2019

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