Legal Opinion

Searles v. First Nat. Bank of Arizona

Court of Appeals of Arizona

Decided September 4, 1980No. 1 CA-CIV 4175PublishedCited by 1 opinion

1Opinion of the Court

OPINION

OGG, Chief Judge.

In this appeal we must determine if A.R.S. § 12-2402(A)(2) [ex parte prejudgment seizures] is constitutional as drafted and as applied to the facts of this case.

In October of 1976, the First National Bank of Arizona filed a Complaint and Application for Issuance of Provisional Remedy in the Maricopa County Superior Court. The Bank sought recovery of the amounts due and owing under the terms of a security agreement executed by appellants and assigned to the Bank at the time appellants purchased a mobile home. The Bank also sought immediate possession of the mobile home…

2Cases cited15 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Bell v. BursonSupreme Court of the United States · 1971
  3. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  4. Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
  5. North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975

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3Cited by1 opinion

  1. Wallace v. ShieldsCourt of Appeals of Arizona · 1992

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