IN THE
SUPREME COURT OF THE STATE OF ARIZONA THE WEITZ COMPANY L.L.C., AN IOWA LIMITED LIABILITY COMPANY, Plaintiff/Appellee,
v.
NICHOLAS HETH, A SINGLE MAN; BARRY SCHWARTZ, A MARRIED MAN; JEFFREY TEMPLIN, A MARRIED MAN; KEN PERLMUTTER, A MARRIED MAN; SHELLY MALKIN, A MARRIED WOMAN; JODY STORM GALE AND CHRISTIE BAUER GALE, HUSBAND AND WIFE; JEFF TEMPLIN AND TERRI TEMPLIN, HUSBAND AND WIFE; GREGG TEMPLIN AND SUZANNE W. TEMPLIN, HUSBAND AND WIFE; MICHAEL J. HAASCH AND LAURA S. HAASCH, HUSBAND AND WIFE; JEFFREY M. LEZAK AND CAROL E. LEZAK, HUSBAND AND WIFE; RICHARD H. FOX, A MARRIED MAN; BRAD BLOCK, AN UNMARRIED MAN; GREGORIO MEZA AYON, A MARRIED MAN; SIGLIFREDO LOPEZ, A MARRIED MAN; EDWARD C. RAMOS AND TAMARA C. RAMOS, HUSBAND AND WIFE; SCOTT ROSE AND NICOLLE ROSE, HUSBAND AND WIFE; SCOTT MATTHEW ROSE AND NICOLLE CLAUDINE ROSE FAMILY TRUST DATED AUGUST 28, 2008; DARRYL GOLDSTEIN, AN UNMARRIED MAN; KEN ADELSON; CARY E. FRUMES, AN UNMARRIED MAN; ARI SILVASTI, A MARRIED MAN; BEN YORK III, AN UNMARRIED MAN; CHICAGO SUMMIT, LLC; FRANC W. BRODAR AND JENNIFER A. BRODAR, HUSBAND AND WIFE; ROSS KERIEVSKY, AN UNMARRIED MAN; MICHAEL SCHWARTZ, A MARRIED MAN; WILLIAM SCHWARTZ, A MARRIED MAN; MICHAEL CASTILLO, A MARRIED MAN; H. DENNIS PETERSON AND CAROL A. PETERSON, TRUSTEES OF THE PETERSON LIVING TRUST DATED MARCH 6, 2006; PATRICK ESTFAN AND SALLY ESTFAN, HUSBAND AND WIFE; TINA ROSPOND, A SINGLE WOMAN; L. KENNETH BROOKS, AN UNMARRIED MAN; PATRICK H. WALSH AND MELISSA R. WALSH, HUSBAND AND WIFE; AFARIN RADJAEI-BOKHARAI, AN UNMARRIED PERSON; MICHAEL DAVEY, A MARRIED MAN; JEFFREY A. HART, AN UNMARRIED MAN; VINCENZO COSTA, AN UNMARRIED MAN; JOSHUA POPE, AN UNMARRIED MAN; CARL L. FAIRCLOTH AND PATRICIA S. FAIRCLOTH, HUSBAND AND WIFE; ART GARTENBERG, AN UNMARRIED MAN; MARK F. RUDINSKY AND CHRISTINA J. RUDINSKY, HUSBAND AND WIFE; PITRE PROPERTIES LIMITED PARTNERSHIP, AN ARIZONA LIMITED LIABILITY PARTNERSHIP; ON-CALL SOLUTIONS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY; MICHAEL L. MCCARTNEY, TRUSTEE OF THE MICHAEL L. MCCARTNEY REVOCABLE LIVING TRUST DATED DECEMBER 27, 2005; DAVID HOCHBERG AND ELYSE HOCHBERG, HUSBAND AND WIFE; JORDAN GREEN AND STEPHANIE GREEN, HUSBAND AND WIFE; LAWRENCE R. KUSHNER AND EILEEN S. KUSHNER, HUSBAND AND WIFE; DEBRA J. GOODWIN, A SINGLE THE WEITZ COMPANY v. NICHOLAS HETH et al. OPINION OF THE COURT
WOMAN; LYNDA L. GIBSON, AN UNMARRIED WOMAN; TING AND LING DEVELOPMENT GROUP, LLC, AN ARIZONA LIMITED LIABILITY COMPANY; FIRST NATIONAL BANK OF ARIZONA, A NATIONAL BANKING ASSOCIATION; ING BANK, FSB, A FEDERAL SAVINGS BANK; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A DELAWARE CORPORATION; WASHINGTON MUTUAL BANK, F.A., A FEDERAL SAVINGS BANK; WELLS FARGO BANK, N.A., A NATIONAL ASSOCIATION; COLE TAYLOR BANK, A FOREIGN CORPORATION; BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION; M&I BANK, FSB, A FEDERAL SAVINGS BANK; NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK, A NATIONAL BANKING ASSOCIATION; ABN AMRO MORTGAGE GROUP, INC., A DELAWARE CORPORATION; HARRIS BANK, N.A., A NATIONAL BANKING ASSOCIATION; CITIMORTGAGE, INC., A NEW YORK CORPORATION; PERL MORTGAGE, INC., AN ILLINOIS CORPORATION; CHARLES SCHWAB BANK, N.A., A NATIONAL BANKING