Legal Opinion
Citibank (Ariz.) v. Miller & Schroeder Fin., Inc.
Court of Appeals of Arizona
Decided October 30, 1990No. 1 CA-CV 88-439PublishedCited by 8 opinions
1Opinion of the Court
OPINION
VOSS, Judge.
The trial court, characterizing defendants’ motions to dismiss as motions for summary judgment, granted the motions, finding that the complaint did not “present a justiciable controversy for the court to resolve” and that “there are no allegations made by the plaintiff on claims to which it has a protectable interest.” As we find that there is a present legal dispute and the plaintiff possesses a legal interest in the resolution of the dispute, we reverse.
Background
The essential facts are undisputed. The City of Anderson, California (City), issued $33.2 million in…
2Cases cited9 opinions
- Wagenseller v. Scottsdale Memorial HospitalArizona Supreme Court · 1985
- Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
- Armory Park Neighborhood Ass'n v. Episcopal Community ServicesArizona Supreme Court · 1985
- Nicoletti v. Westcor, Inc.Arizona Supreme Court · 1982
- United Bank of Arizona v. AllynCourt of Appeals of Arizona · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Alliance Marana v. GrosecloseCourt of Appeals of Arizona · 1998
- Norquip Rental Corp. v. Sky Steel Erectors, Inc.Court of Appeals of Arizona · 1993
- Premier Bank v. TierneyDistrict Court, W.D. Missouri · 2000
- McMurren v. JMC Builders, Inc.Court of Appeals of Arizona · 2003
- Samsel v. Allstate InsuranceCourt of Appeals of Arizona · 2001
3 more not listed; retrieve them via the Exa API.