05/05/2008 — CV2007022029 COLVIN, THOMAS L 05/05/2008 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/06/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-022029
05/05/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
S. Brown
Deputy
NORTH CANYON RANCH OWNERS
ASSOCIATION
MARK E LINES
v.
THOMAS L COLVIN
THOMAS L COLVIN
3805 W CAMINO DEL RIO
GLENDALE AZ 85310
MINUTE ENTRY
The Court has considered Plaintiff’s Motion For summary Judgment and Plaintiff’s Rule
7.1 Request for Summary Disposition. No Response has been submitted to Plaintiff’s Motion
For Summary Judgment.
There being no genuine issues of disputed fact,
IT IS ORDERED:
1. Granting Plaintiff’s Motion for Summary Judgment.
2. Denying Plaintiff’s Motion For Summary Disposition as moot.
06/09/2008 — CV2007022029 COLVIN, THOMAS L 06/09/2008 HON. THOMAS DUNEVANT, III View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/11/2008 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2007-022029
06/09/2008
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HON. THOMAS DUNEVANT, III
S. Brown
Deputy
NORTH CANYON RANCH OWNERS
ASSOCIATION
MARK E LINES
v.
THOMAS L COLVIN
THOMAS L COLVIN
3805 W CAMINO DEL RIO
GLENDALE AZ 85310
MINUTE ENTRY
The Court has considered Plaintiff’s proposed form of Judgment lodged May 14, 2008.
The Court finds and rules as follows.
There are two issues with the proposed form of Order. Paragraphs 2 and 3 refer to the
Association’s lien as a first lien. While paragraph 2 suggests that it is a first lien only vis-a-vis
these Defendants, it could be read as subordinating the rights of existing lienholders, if there are
any. The word “first” must be deleted (in fact, it does not appear in the Complaint). Paragraph 6
directs the Sheriff to sell, not only the real property and fixtures, but “any and all personal
property.” Even if this is taken to include only personal property present at the place of sale –
i.e., not removed by Defendant – it goes beyond what was sought in either the Complaint of the
Motion for Summary Judgment.
Therefore, IT IS ORDERED denying Plaintiff’s proposed form of Judgment and Decree
On Foreclosure and Order Of Sale without prejudice, and filing same unsigned.
FILED: Judgment unsigned
