Collins v. Stockwell

OPINION

KLEINSCHMIDT, Judge.

The plaintiff-appellant, Robert W. Collins, appeals from the trial court’s grant of a motion for summary judgment in favor of defendants-appellees, James C. Stockwell and Title Insurance Company of Minnesota. This case of first impression in Arizona involves the question of whether it is necessary to file a notice of lis pendens to preserve a mechanic’s lien after suit to foreclose the lien has been timely filed. We find that once the time has passed to file an action to foreclose a mechanic’s lien it is necessary to file a lis pendens to give constructive notice…