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Maricopa County Superior Court Case CV2019-090996: public docket details, parties, minute entries, documents, and official source links for Turtle Rock I I I Homeowners Association.

Case Number

CV2019-090996

County

Maricopa

Caption

Not captured

Filed

3/25/2019

Case Type

Civil

Judge

McDowell, David

Location

Southeast

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Clerk of the Superior Court

*** Electronically Filed ***

01/30/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

01/29/2025

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. Tiero

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

01/29/2025

Docket Code 019
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
COMM. KAISER

MINUTE ENTRY

The Court has received and reviewed the Motion for Contempt, filed by Defendant Lee
Beitman on November 26, 2024.

IT IS ORDERED denying the Motion for Contempt.

Clerk of the Superior Court

*** Electronically Filed ***

01/30/2025 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

01/29/2025

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. Tiero

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

01/29/2025

Docket Code 023
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
COMM. KAISER

MINUTE ENTRY

The Court has received and reviewed the Notice to the Court, filed by Defendant Lee
Beitman on December 6, 2024.

The Court shall take no action.

Clerk of the Superior Court

*** Electronically Filed ***

04/05/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

04/03/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. DeSanna

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND STREET
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND STREET
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD
BORIS PETROVIC

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

04/03/2023

Docket Code 023
Form V000A
Page 2

NO ADDRESS ON RECORD
COMM. KAISER
FRANCES BEITMAN
5201 N 69TH PLACE
PARADISE VALLEY AZ 85253
FRANCES BEITMAN
4830 E VIRGINIA AVE #8
PHOENIX AZ 85008

MINUTE ENTRY

The Court has received and reviewed Defendant Lee Beitman’s Motion to Deny
Application for Writ of General Execution, filed on March 8, 2023 and Plaintiff’s Response in
Opposition of M. Beitman’s Motion to Deny Application for Writ of General Execution, filed on
March 28, 2023.

IT IS ORDERED denying the Motion.

Clerk of the Superior Court

*** Electronically Filed ***

04/30/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

04/23/2019

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JANICE CRAWFORD
H. Bell

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
NO ADDRESS ON RECORD

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
NO ADDRESS ON RECORD
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD
BORIS PETROVIC
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

04/23/2019

Docket Code 023
Form V000A
Page 2

COMM. LYNCH
JUDGE CRAWFORD

MINUTE ENTRY

This Court has received Plaintiff’s e-filed Application/Motion for Default against
defendant(s), Lynne A. Fisher and Turtle Rock III Homeowners Association, in the above-
captioned case.

IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).

The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Lynch.

IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.

Pursuant to the Maricopa County eFiling Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
and Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet in paper to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.

The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp

Clerk of the Superior Court

*** Electronically Filed ***

05/31/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

05/30/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. DeSanna

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND STREET
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

05/30/2023

Docket Code 023
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
COMM. KAISER
FRANCIS BEITMAN
5201 N 69TH PLACE
PARADISE VALLEY AZ 85253
FRANCES BEITMAN
4830 E VIRGINIA AVE #8
PHOENIX AZ 85008

MINUTE ENTRY

The Court is in receipt of the Defendant’s Motion to Stay, filed on May 15, 2023. The
certificate of service accompanying the Motion gives no indication that the Motion was delivered
to the Plaintiff or any other party in the action. The Motion fails to cite to any Rule or Statute as
a basis for the stay. The Court notes the Defendant filed a notice of appeal on April 10, 2023.
No request for stay was filed along with the notice of appeal. The Court is unaware of any
stipulation between the parties regarding a stay or an agreement regarding the posting of a
supersedeas bond.

IT IS ORDERED denying the Motion.

Clerk of the Superior Court

*** Electronically Filed ***

07/02/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

06/27/2019

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE JANICE CRAWFORD
H. Bell

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
NO ADDRESS ON RECORD

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
NO ADDRESS ON RECORD
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD
BORIS PETROVIC
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

06/27/2019

Docket Code 023
Form V000A
Page 2

COMM. LYNCH
JUDGE CRAWFORD

MINUTE ENTRY

This Court has received Plaintiff’s e-filed Application/Motion for Default against
defendant(s), Robert Birks, in the above-captioned case.

IT IS ORDERED that no action will be taken by this division on the above-referenced
document(s).

The parties are advised that commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Lynch.

IT IS FURTHER ORDERED that all documents necessary to support the entry of a
default judgment must be e-filed.

Pursuant to the Maricopa County eFiling Guidelines, section 2.09, attorneys shall
electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
and Application for Attorneys’ Fees when appropriate and Statement of Costs, but shall submit a
default judgment packet required by the Court, including the documents identified on the default
judgment packet coversheet in paper to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.

The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp and
https://superiorcourt.maricopa.gov/llrc/cv_cvc6/

Clerk of the Superior Court

*** Electronically Filed ***

08/10/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

08/09/2023

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. DeSanna

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

08/09/2023

Docket Code 094
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
JOHN L LOHR JR.
COMM. KAISER

MINUTE ENTRY

The Court is in receipt of Defendant’s Motion to Set Aside Judgment Under Rule 60
(d)(3), filed on June 19, 2023; Plaintiff’s Response, filed on July 10, 2023; and Defendant’s
Reply, filed on July 13, 2023.

On the Court’s own motion,

IT IS ORDERED setting Oral Argument on Defendant’s Motion to Set Aside Judgment
Under Rule 60(d)(3) on August 25, 2023 at 9:00 a.m. before Commissioner Brian Kaiser,
Southeast Court Facility, 222 E. Javelina Avenue, Mesa, Arizona 85210.

Hearings will be held via video conference through Court Connect and Microsoft TEAMS. An
invite to the TEAMS conference will be sent out to the email on file for each party or counsel of
record. It is the party’s responsibility to ensure receipt of the invitation prior to the hearing date.
The information is included below as well:

Please join my meeting from your computer, tablet or smartphone.

tinyurl.com/jbazmc-sec02

Please note: Do not enter ‘www’ in front of the URL. Can copy and paste as is into a web
browser.

You can also dial in using your phone.
Teams Phone Number: +1 917-781-4590 Access Code: 184259566

More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/

Clerk of the Superior Court

*** Electronically Filed ***

08/22/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

08/18/2023

Docket Code 095
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. DeSanna

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

08/18/2023

Docket Code 095
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
COMM. KAISER

MINUTE ENTRY

The Court has received and considered Plaintiff’s Motion to Continue Oral Argument,
filed on August 14, 2023.

Good cause appearing,

IT IS ORDERED vacating the virtual Oral Argument on Motion to Set Aside Judgment
Under Rule 60(d)(3) set on August 25, 2023 and resetting same for September 26, 2023 at
11:00 a.m. before Commissioner Brian Kaiser, Southeast Court Facility, 222 E. Javelina
Avenue, Mesa, Arizona 85210 all in accordance with the formal written order signed by the
Court on August 18, 2023 and filed by the Clerk on August 18, 2023.

Clerk of the Superior Court

*** Filed ***

09/27/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

09/26/2023

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. Tiero

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

09/26/2023

Docket Code 019
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
JACKSON D HENDRIX
COMM. KAISER

MINUTE ENTRY

Courtroom 303 – Southeast Facility

11:05 a.m. This is the time set for a virtual Oral Argument on Defendant Lee Beitman’s
Motion to Set Aside filed June 19, 2023. Plaintiff is represented by counsel, Jackson Hendrix.
Defendant, Lee Beitman, is present on his own behalf.

A record of the proceedings is made digitally in lieu of a court reporter.

Argument is held.

Based upon the matters presented and for the reasons stated on the record,

THE COURT FINDS the Motion is untimely and the Defendant has failed to meet his
burden under Rule 60(d)(3).

IT IS ORDERED denying the Motion to Set Aside.

11:31 a.m. Matter concludes.

IT IS FURTHER ORDERED that no other matters remain pending, the Court signs this
minute entry as its final judgment consistent with Rule 54(c), Ariz.R.Civ.P.

/s/ The Honorable Brian D. Kaiser

THE HONORABLE BRIAN D. KAISER

JUDICIAL OFFICER OF THE SUPERIOR

Clerk of the Superior Court

*** Electronically Filed ***

10/07/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

10/04/2024

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. Tiero

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

10/04/2024

Docket Code 019
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
COMM. KAISER

MINUTE ENTRY

NOTICE: As of October 14, 2024, the Honorable Brian Kaiser’s division will be
relocating to the East Court Building, Courtroom 514, 101 W. Jefferson St., Phoenix, AZ 85003.
In-person hearings held on or after October 14, 2024, will be held at this location.

Pursuant to the Order of Mandate, filed August 29, 2024,

IT IS ORDERED granting Defendant Lee Beitman’s Motion to Set Aside Judgment, filed
June 19, 2023.

IT IS FURTHER ORDERED setting aside the Default Judgment entered October 16,
2019, as it related to Lee Beitman and Parcel number 208-01-512, commonly known as 18209 N.
2nd St., Phoenix, Arizona 85022.

Clerk of the Superior Court

*** Electronically Filed ***

11/08/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

11/05/2024

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. Tiero

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

11/05/2024

Docket Code 019
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
COMM. KAISER

MINUTE ENTRY

Before the Court is Defendant Lee M Beitman’s Affidavit of Costs, filed in this Court on
October 7, 2024. This appears to be a statement of costs on appeal. Defendant’s appeal was
decided on July 23, 2024. The order of mandate issued on August 29, 2024. This Court issued its
order in compliance with the mandate on October 4, 2024. The Appellate Court’s decision read
in part, “Because Beitman is the prevailing party on appeal, we award his taxable costs upon
compliance with ARCAP 21.”

Rule 21(b)(1), Arizona Rules of Civil Appellate Procedure, reads in part, “If a party is
entitled to costs . . . the party must file a statement of costs in the appellate court within 10 days
after the appellate clerk gives notice of the court’s decision or order.” Id. (emphasis added).

The Affidavit of Costs was not filed within 10 days of the appellate decision and the
Affidavit was not filed in the appellate court as required by ARCAP 21. Moreover, had the
Defendant complied with ARCAP 21, the Court of Appeals would have included an award of costs
in its order of mandate. See ARCAP 21(e). No award of costs is included in the order of mandate.

Because the Affidavit is untimely and filed in the wrong court, it is DENIED.

Clerk of the Superior Court

*** Filed ***

12/22/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

12/21/2023

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. Tiero

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

12/21/2023

Docket Code 023
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
COMM. KAISER

MINUTE ENTRY

The Order issued by this Court on November 8, 2019 at docket number 46 is hereby
amended to read as follows:

This cause was considered on the Stipulation to Dismiss; Notice of Voluntary Dismissal, and
good cause having been shown, it is ORDERED:

1. Dismissing Defendant Maricopa County Treasurer’s Office, Royce T. Flora, Treasurer,
with prejudice, each party to bear its own costs and attorneys’ fees.
2. Dismissing all remaining Defendant in this action who have not previously been
adjudicated.
3. Finding no further matters are pending and this case is thus concluded.
4. Finding no just reason for delay and that no further matters remain pending this judgment
is final pursuant to Rule 54(c).

/s/ The Honorable Brian D. Kaiser

THE HONORABLE BRIAN D. KAISER

JUDICIAL OFFICER OF THE SUPERIOR

Clerk of the Superior Court

*** Filed ***

12/22/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

12/21/2023

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE BRIAN D. KAISER
K. Tiero

Deputy

TAX LIEN SERVICES L L C
HEATHER MUIR HENDRIX

v.

LEE M BEITMAN, et al.
LEE M BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022

ANNIE FRANCE AUGUSTINE
NO ADDRESS ON RECORD
FRANCES BEITMAN
18209 N 2ND ST
PHOENIX AZ 85022
ROBERT BIRKS
NO ADDRESS ON RECORD
LYNNE A FISHER
NO ADDRESS ON RECORD
SEVEN PALMS HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CHARLESTON PLACE HOMEOWNERS
ASSOCIATION INC
NO ADDRESS ON RECORD
TURTLE ROCK I I I HOMEOWNERS
ASSOCIATION
NO ADDRESS ON RECORD
CIRCULATION TECHNICIANS INC
NO ADDRESS ON RECORD
DUSTIN CHAD MCBRIDE
SUNSET SHADOWS NO 2
HOMEOWNERS ASSOCIATION
NO ADDRESS ON RECORD

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

12/21/2023

Docket Code 019
Form V000A
Page 2

BORIS PETROVIC
NO ADDRESS ON RECORD
COMM. KAISER

MINUTE ENTRY

Before the Court is Defendant’s Motion to Rescind or Finalize the Default Judgment Under
Rule 54(c), filed November 29, 2023, and Plaintiff’s Response to Defendant’s Motion to Finalize
the Default Judgment Under Rule 54(c), filed December 18, 2023.

Defendant filed his appeal in this case on October 2, 2023, which terminates this Court’s
jurisdiction over the case. On November 21, 2023, the Court of Appeals revested this Court with
jurisdiction for the sole purpose of considering whether the dismissal order of November 8, 2019
should have included the Rule 54(c) finality language. The Court of Appeals orders that
Defendant, as the Appellant, take the initiative of requesting such an order from this Court.
Instead, Defendant’s Motion requests that this Court rescind the November 8, 2019 order. It is
unclear to this Court, given the procedural posture of the case, upon what legal basis Defendant
moves for recission of that order. In the absence of some stated authority to consider, the Court’s
view is that it lacks jurisdiction to “rescind” a previously issued order of this Court while the case
remains on appeal.

With respect to Defendant’s request for a final order, which in the Court’s view is the only
thing the Court of Appeals has granted this Court jurisdiction to consider, the Court agrees that the
November 8, 2019 order is missing any reference to Rule 54(c). Although the order was issued
several years ago, a review of the docket for the case, the language of the order, and the procedural
posture of the case at the time the order was issued, lead this Court to conclude that the November
8, 2019 order was intended to be a final order of the Court.

Unfortunately, this is not an altogether uncommon oversight. Though unstated in the order
of the Court of Appeals, the convention in this Court’s experience is that the party requesting the
amended order submits a proposed form of order to the Court. It is normally submitted with the
underlying motion so that the opposing party may have the opportunity to review it and offer any
objection. That was not done here.

However, this Court’s jurisdiction ends today. The Court has concerns about whether it
will receive a proper form of order from Defendant given that Defendant’s filings tend to be

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2019-090996

12/21/2023

Docket Code 019
Form V000A
Page 3

handwritten on notebook paper. Because the entry of a proper final order is little more than a
ministerial task, the Court sees no prejudice to either party in Court simply drafting the order.
Moreover, neither party objects to the entry of a final order.

For the foregoing reasons,

IT IS ORDERED Granting in part and Denying in part Defendant’s Motion to Rescind or
Finalize the Default Judgment Under Rule 54(c).

IT IS FURTHER ORDERED Amending the order of this Court dated November 8, 2019
to include the following:

“The Court finds there is no just reason for delay and that there are no further matters
pending and this judgment is entered pursuant to Rule 54(c).”

A form of Order is filed separately.

/s/ The Honorable Brian D. Kaiser

THE HONORABLE BRIAN D. KAISER

JUDICIAL OFFICER OF THE SUPERIOR

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