[DOWNLOAD] "Fragoso v. Fell" by In the Court of Appeals State of Arizona Division Two Department B ~ Book PDF Kindle ePub Free
eBook details
- Title: Fragoso v. Fell
- Author : In the Court of Appeals State of Arizona Division Two Department B
- Release Date : January 10, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
1 We are asked to decide whether a lawsuit filed by a homeowners association to compel a homeowners compliance with deed restrictions regarding property maintenance affects title to real property, thereby authorizing the association to record a notice of lis pendens against the homeowners property pursuant to Arizona Revised Statutes ("A.R.S.") section 12-1191(A) (Supp. 2007). For the reasons that follow, we decide that such a lawsuit does not affect title to real property, and thus § 12-1191(A) did not authorize appellant Santa Fe Ridge Homeowners Association ("Santa Fe") to record a notice of lis pendens against property owned by appellee Carla Bartschi. Therefore, the trial court correctly entered partial summary judgment for Bartschi on her counterclaim against Santa Fe for wrongful recordation of a lis pendens pursuant to A.R.S. § 33-420(A) (2007). Because the record does not reflect that Bartschi was entitled to an award of all attorneys fees claimed pursuant to § 33-420(A), however, we vacate that portion of the judgment and remand for a recalculation of the fee award.
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