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MASHNI v. FOSTER EX REL. COUNTY OF MARICOPA

No. 1 CA-SA 13-0250.

323 P.3d 1173 (2014)

Paul MASHNI, Court-appointed receiver, Petitioner, v. The Honorable George H. FOSTER, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, Sunnyslope Housing Limited Partnership, an Arizona limited partnership; First Southern National Bank, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

April 29, 2014.

Attorney(s) appearing for the Case

Quarles & Brady LLP By John M. O'Neal , Walter J. Ashbrook , Phoenix, Counsel for Petitioner.

Lewis Roca Rothgerber LLP By Susan M. Freeman , Eric Wanner , Phoenix, Counsel for Real Party in Interest Sunnyslope Housing Limited Partnership.

Gallagher & Kennedy, P.A. By John R. Clemency , Janel M. Glynn , Phoenix, Counsel for Real Party in Interest First Southern National Bank.

OPINION

SWANN, Judge.

¶ 1 This case requires us to examine the limits of the immunity afforded to court-appointed receivers.

¶ 2 Receiver Paul Mashni petitions for special action relief from the superior court's ruling denying him immunity from suit for alleged mismanagement of receivership assets. The court's order permitting the damage action against Mashni to proceed was not based upon a finding that he had exceeded his powers under...

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