Legal Opinion

Markel v. Transamerica Title Insurance

Court of Appeals of Arizona

Decided January 5, 1968No. 1 CA-CIV 538PublishedCited by 2 opinions

1Opinion of the Court

CAMERON, Chief Judge.

This is an appeal from an order of the Superior Court granting the motion of the defendant, Transamerica Title Insurance Company, previously Phoenix Title and Trust Company, for summary judgment. We are called upon to answer the following questions:

1. Is a judgment of a trial court, which is not stayed pending appeal, valid and enforceable until such time as it is reversed on appeal?

2. Could the appellant have enjoined or prevented the trustee, Transamerica Title, from disbursing funds in the trust pending determination of the matter on appeal?

3. Under the facts in this…

2Cases cited9 opinions

  1. Berthold-Jennings Lumber Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1935
  2. Linder v. Lewis, Roca, Scoville & BeauchampArizona Supreme Court · 1958
  3. Stuart v. Winslow Elementary School District No. 1Arizona Supreme Court · 1966
  4. Wakeham v. Omega Construction CompanyArizona Supreme Court · 1964
  5. Markel v. Phoenix Title & Trust Co.Arizona Supreme Court · 1966

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Markel v. Transamerica Title Insurance CompanyArizona Supreme Court · 1968
  2. Burch & Cracchiolo, P.A. v. PuglianiCourt of Appeals of Arizona · 1984

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