Bianco v. Patterson

OPINION

HATHAWAY, Judge.

This appeal is taken from the trial court’s entry of partial summary judgment in an action arising from the filing of an allegedly groundless lis pendens. Appellants raise the following issues on appeal: (1) may the court impose liability under A.R.S. § 33-420(A) where notice is not given and where the recorded document has been released of record, and (2) may liability for a violation of A.R.S. § 33-420 be imposed on the marital community?

FACTS

Appellant Stephen F. Patterson (Patterson) signed an agreement in December 1985 to purchase as his sole and separate property…