Ex-Cell-O Corp. v. Lincor Properties

OPINION

HATHAWAY, Judge.

This is an appeal from the granting of a summary judgment in a lien priority dispute to determine which lien is senior, that of a landlord pursuant to A.R.S. § 33-362, or a security interest pursuant to Article 9 of the Uniform Commercial Code, A.R.S. §§ 47-9101, et seq. (UCC). The parties agree that no triable issues of fact exist. The sole issue on appeal is whether the trial court correctly ruled that appellee Ex-Cell-0 Corporation’s (Ex-Cell-O) security interest has priority over a landlord’s lien held by appellant Lincor Properties of Arizona (Lincor). We find that…