01/18/2013 — CV2009006990 HOMEOWNERS ASSOCIATION INC, WINDMILL VILLAGE 01/18/2013 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/22/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-006990
01/18/2013
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
S. Ewing/W. Thompson
Deputy
WINDMILL VILLAGE HOMEOWNERS
ASSOCIATION INC
KELLIE J CALLAHAN
v.
H T LIMITED L L C
DONALD J NEWMAN
MINUTE ENTRY
IT IS ORDERED setting Oral Argument Re: RMB Investments, LLC’s Motion for Order
to Release Erroneously Overpaid Funds on January 28, 2013 at 1:30 p.m., (time allotted: one
hour), in this Division:
Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 005
Phoenix, AZ 85003
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
01/28/2013 — CV2009006990 HOMEOWNERS ASSOCIATION INC, WINDMILL VILLAGE 01/28/2013 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/30/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-006990
01/28/2013
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
W. Thompson
Deputy
WINDMILL VILLAGE HOMEOWNERS
ASSOCIATION INC
KELLIE J CALLAHAN
v.
H T LIMITED L L C
DONALD J NEWMAN
MINUTE ENTRY
Courtroom: OCH 005.
1:33 p.m. This is the time set for Oral Argument Re: RMB Investments, LLC’s Motion
for Order to Release Erroneously Overpaid Funds. Representative of RMB Investments, LLC,
Roy Jacobs, is present and is represented by counsel, Donald Newman.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held.
Based on the matters presented,
IT IS ORDERED granting RMB Investments, LLC’s Motion for Order to Release
Erroneously Overpaid Funds all in accordance with the formal written Order signed by the Court
on January 28, 2013 and filed (entered) by the Clerk on January 28, 2013.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-006990
01/28/2013
Docket Code 005
Form V000A
Page 2
1:56 p.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
12/03/2012 — CV2009006990 HOMEOWNERS ASSOCIATION INC, WINDMILL VILLAGE 12/03/2012 HONORABLE GEORGE H. FOSTER, JR. View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/04/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-006990
12/03/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GEORGE H. FOSTER, JR.
J. Polanco
Deputy
WINDMILL VILLAGE HOMEOWNERS
ASSOCIATION INC
KELLIE J CALLAHAN
v.
H T LIMITED L L C
H T LIMITED L L C
22010 W TONTO STREET
BUCKEYE AZ 85326
DONALD J NEWMAN
COMM. BARTH
MINUTE ENTRY
This Division has received Defendant RBM Investments, LLC’s Motion for Order to
Release Excess Proceeds in the above-captioned case.
IT IS ORDERED that no action will be taken by this Division on the above-referenced
document(s).
IT IS FURTHER ORDERED forwarding the aforementioned motion to be heard by
Commissioner Michael Barth.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
12/19/2012 — CV2009006990 HOMEOWNERS ASSOCIATION INC, WINDMILL VILLAGE 12/19/2012 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/21/2012 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-006990
12/19/2012
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
W. Thompson
Deputy
WINDMILL VILLAGE HOMEOWNERS
ASSOCIATION INC
KELLIE J CALLAHAN
v.
H T LIMITED L L C
DONALD J NEWMAN
MINUTE ENTRY
This Court received Judgment Debtor’s Motion for Order to Release Excess Proceeds on
December 13, 2012.
A.R.S. §12-1561(A), which Judgment Debtor cites in support of its Motion, does not
appear to be on point and does not have a subparagraph (A). This Court assumes Judgment
Debtor intended to cite 12-1562(A), which appears to apply to the situation at hand.
However, A.R.S. §12-1562(A) does not authorize this Court to grant the relief requested.
“Any excess in the proceeds over the judgment and costs shall be returned” by the Officer
executing the general execution “to the judgment debtor unless otherwise directed by an order of
the Court.”
Judgment Debtor does not assert that the Officer refused to return the excess funds or that
an order was issued directing the Officer not to return the excess funds.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2009-006990
12/19/2012
Docket Code 023
Form V000A
Page 2
Because the authority for returning said funds lies with the Officer executing the general
execution,
IT IS ORDERED denying said Motion.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
