PNC Bank v. Cabinetry by Karman, Inc.

284 P.3d 874, 230 Ariz. 363, 639 Ariz. Adv. Rep. 4, 2012 WL 3020032, 2012 Ariz. App. LEXIS 115
CourtCourt of Appeals of Arizona
DecidedJuly 24, 2012
DocketNo. 1 CA-CV 11-0476
StatusPublished
Cited by6 cases

This text of 284 P.3d 874 (PNC Bank v. Cabinetry by Karman, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
PNC Bank v. Cabinetry by Karman, Inc., 284 P.3d 874, 230 Ariz. 363, 639 Ariz. Adv. Rep. 4, 2012 WL 3020032, 2012 Ariz. App. LEXIS 115 (Ark. Ct. App. 2012).

Opinion

OPINION

THOMPSON, Judge.

¶ 1 Appellant PNC Bank appeals the superior court’s denial of its application for excess proceeds and its motion for relief from judgment pursuant to Arizona Rule of Civil Procedure 60(c) (Rule). Resolution of this case turns on interpretation of Arizona Revised Statutes (A.R.S.) section 33-812 (Supp. 2011) 1 the statute governing the disposition of proceeds following a trustee’s sale. Finding that the application was timely filed, we reverse and remand to the superior court for proceedings consistent with this decision.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 Following a trustee’s sale of property located in Maricopa County, the trustee filed a civil action pursuant to A.R.S. § 33-812(C)-(D) on October 6, 2010, to distribute $29,786.94 in excess funds. The trastee mailed copies of the complaint to multiple parties, including PNC2 and Cabinetry By Karman (Karman). An exhibit attached to the complaint contained a description of the liens and encumbrances as shown in the trustee’s sale guarantee. The claimants were listed in the following order of priority: (1) PNC; (2) City of Phoenix with two separate liens; (3) Karman; and (4) City of Tempe.

¶ 3 Karman filed an application for release of funds with the court on October 21, which stated: “Upon information and belief, Cabinetry By Karman has the superior interest in the remaining funds.” A copy of Karman’s application was sent to all parties listed in the complaint as potentially having an interest, including PNC. When no party responded to Karman’s application within the forty-five days set forth by § 33-812(1), Karman requested a judgment instructing the county treasurer to release the full amount of the excess funds to Karman. On January 13, 2011, the superior court entered judgment awarding the funds to Karman. Karman received the funds on February 15.

¶ 4 On February 22, PNC filed a motion to set aside Karman’s judgment and a separate application for the excess proceeds. In the motion to set aside, PNC argued that Kar-man’s judgment was void pursuant to Rule 60(c)(4). In its reply to Karman’s response, PNC also sought relief under Rule 60(c)(3) and (6). The superior court denied PNC’s motions. The court determined that it had jurisdiction, thus the judgment was not void, and that PNC had not established any basis for the court to conclude that the judgment was voidable. The court further held that PNC failed to file any response to Karman’s application within the forty-five days set forth in A.R.S. § 33-812(1).

¶ 5 PNC timely appealed. We have jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution, and A.R.S. § 12-2101(A)(1) (Supp.2011).

DISCUSSION

¶ 6 This dispute hinges on the interpretation of A.R.S. § 33-812(I) and (J). PNC argues that its application for the excess proceeds was filed within the statutory 180-day deadline and that the court erred in denying it as untimely. Karman asserts that PNC waived its right to the proceeds by failing to respond to its application within forty-five days. We review a court order denying relief from judgment under Rule 60(c) for an abuse of discretion. Tovrea v. Nolan, 178 Ariz. 485, 490-91, 875 P.2d 144, 149-50 (App.1993). However, we review the superior court’s interpretation of a statute de [365]*365novo. Hanley v. Pearson, 204 Ariz. 147, 149, ¶ 5, 61 P.3d 29, 31 (App.2003). When interpreting a statute, we look primarily to the statute’s language and give effect to the terms in accordance with their commonly accepted meanings. State v. Reynolds, 170 Ariz. 233, 234, 823 P.2d 681, 682 (1992). Where a statute’s language is “clear and unambiguous, we apply it without resorting to other methods of statutory interpretation.” Hayes v. Cont’l Ins. Co., 178 Ariz. 264, 268, 872 P.2d 668, 672 (1994).

¶ 7 Breaking down A.R.S. § 33-812 into its components, we find the statute clear and unambiguous. After a property has been sold at a trustee’s sale, § 33-812(A) governs the trustee’s application of the sale proceeds and specifies the order of priority to be given. Rather than distribute the funds, the trustee may elect to deposit the balance of the proceeds with the county treasurer and commence a civil action. A.R.S. § 33-812(C)-(D). The trustee must include in the complaint a narrative description of the liens and encumbrances on the property, including an analysis of the apparent priority of potential claimants. A.R.S. § 33-812(D)(4). The trustee is obligated to mail a copy of the complaint to any “person known by the trustee to have an interest of record in the property at the time of the sale.” A.R.S. § 33-812(D). Once the trustee fulfills the obligations outlined in the statute, he or she is discharged without prejudice from the civil action. A.R.S. § 33-812(F).

¶ 8 Any person with a legal interest in the property at the time of the sale may then file an application in the civil action for the release of the proceeds. A.R.S. § 33-812(G). The applicant must mail a copy of the application to every interested party. Id. The statute subsequently provides that “[a]ny person who receives the application or who claims a right to the proceeds may file a response to the application within forty-five days of the latest mailing of the application.” A.R.S. § 33-812(I). Karman urges us to find that this sentence requires a response within forty-five days or any claim is waived. However, section (I) states only that a response “may” be filed, and it says nothing at all about the waiver of any rights. Karman also ignores § 33-812(J)3 and the requirements set forth therein. We must read the statute as a whole and give meaningful operation to all of its provisions. Wyatt v. Wehmueller, 167 Ariz. 281, 284, 806 P.2d 870, 873 (1991).

¶ 9 Section 33-812(J) requires an applicant to acknowledge any interest that could have priority. A.R.S. § 33-812

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Bluebook (online)
284 P.3d 874, 230 Ariz. 363, 639 Ariz. Adv. Rep. 4, 2012 WL 3020032, 2012 Ariz. App. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pnc-bank-v-cabinetry-by-karman-inc-arizctapp-2012.