In a recent decision by the Arizona Court of Appeals, Division One, the court upheld a lower court’s ruling in favor of Bryan and Shanin Thompson against Dalia Spina regarding a breach of contract related to real estate transactions. The case arose from disputes following the sale of a north parcel property by Spina to the Thompsons. The Thompsons claimed that Spina breached their sales agreement by restricting access to an easement on her property. Spina counterclaimed, alleging various breaches and damages by the Thompsons.
The superior court granted summary judgment in part for the Thompsons, affirming that there was a contractual easement which Spina had breached. However, it only partially granted monetary relief due to insufficient evidence from the Thompsons on their damages. All of Spina’s counterclaims were dismissed due to lack of supporting evidence. The appellate court found no error in these judgments or in the quashing of subpoenas served by Spina seeking information from neighbors.
Spina’s appeal was further weakened by her failure to present coherent arguments or sufficient legal citations, leading to waivers on several issues. Consequently, the appellate court also affirmed an award of $3,500 in attorney’s fees and $682.69 in costs to the Thompsons as successful parties.
Source: 1CACV250173_Thompson_v_Spina_Opinion_Arizona_Court_of_Appeals.pdf