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AZAPP Blog Your resource for news and analysis of cases in Arizona's appellate courts.

AZAPP Blog - 2009

Dec
30
2009

Amtrust Bank v. Fossett (12/15/2009)

Arizona Court of Appeals Division One Holds That a 1099-C Cancellation of Debt Form Is Prima Facie Evidence of Cancellation of a Debt That May Be Rebutted by Evidence Showing that the Lender Did Not Intend to Forgive the Debt.

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Dec
30
2009

In re MH 2008-002393 (12/17/2009)

Arizona Court of Appeals Division One Holds that Prior Involuntary Detention in Violation of Statute Does Not Constitute Grounds for Dismissal of Subsequent Involuntary Mental Health Treatment Proceeding.

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Dec
30
2009

Lebaron Properties, LLC v. Jeffrey S. Kaufman, LTD (12/15/2009)

Arizona Court of Appeals Division One Holds That, Under A.R.S. § 33-420, a Sanction for Recording an Invalid Notice of Lis Pendens May Not Exceed $5,000, Unless the Property Owner Suffers Actual Damages.

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Dec
30
2009

Katan v. City of Prescott (12/3/2009)

Arizona Court of Appeals Division One Holds that Where a City Charter Provides that the City Must List the Top Six Candidates From the Primary Election on the General Election Ballot, the City is Not Required to List Those Candidates Who Were Not Among the Top Six Vote Getters Even If One of the Top-Six Vote Getters Eventually Drops Out of the Race.

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Dec
16
2009

Home Builders Ass’n of Cent. Ariz. v. City of Goodyear (12/8/2009)

Arizona Court of Appeals Division One Holds That A.R.S. § 9-463.05(B)(4) Requires Municipalities Imposing Development Impact Fees to Consider Only Those Future Revenues Paid by Development Property Owners That Will Be Applied to Growth-Related Capital Costs.

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Dec
16
2009

Wendland v. AdobeAir, Inc (12/8/2009)

Arizona Court of Appeals Division One Holds That Standards in the Occupational Safety and Health Act Can Be Considered As Some Evidence of the Standard of Care in Negligence Cases Even When The Act Is Not Binding.

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Dec
16
2009

Richard E. Lambert, Ltd. v. City of Tucson Department of Procurement (12/16/2009)

Arizona Court of Appeals Division Two Holds That Assessment of Liquidated Damages Against Contractor Because There was Sufficient Evidence to Support the Procurement Director’s Determination That the Contractor’s Delays Were Not Excusable.

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Dec
8
2009

Schoeneweis v. Superior Court (12/1/2009)

Arizona Court of Appeals Division One Holds That Death Certificates Are Not Subject to Public Disclosure Under Arizona Public Records Law; Autopsy Reports Must Be Viewed In Camera to Properly Weigh Privacy Concerns Against the Interests of Public Disclosure.

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Nov
30
2009

Buencamino v. Noftsinger (11/27/2009)

Arizona Court of Appeals Division One Holds That Courts Need Address A.R.S. § 25-408(I)’s Relocation Factors in Child Custody Cases Only if (1) There Is a Written Agreement or Court Order Providing for Custody, or (2) Both Parents Reside in Arizona.

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Nov
30
2009

Tripati v. Forwith (11/3/2009)

Arizona Court of Appeals Division One Holds That An Appellant Must Obtain a Signed Order Denying a Motion for New Trial Before Filing a Notice of Appeal, and that a Motion for New Trial May Extend the Time to File a Notice of Appeal When It is Used to Challenge the Denial of a Rule 60(c) Motion.

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Nov
30
2009

Gersten v. Gersten (11/17/2009)

Arizona Court of Appeals Division One Holds That (1) Family Law Procedure Rule 88 Only Requires a Successor Judge to Review Those Portions of the Record Relevant to the Successor Judge’s Rulings, (2) Items Purchased with Funds from the Federal Employees’ Compensation Act are Community Property, and (3) Arizona’s Support Statute No Longer Requires Custody or Guardianship as a Condition of Ordering Support.


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Nov
17
2009

Ariz. Dep’t of Revenue v. Central Newspapers, Inc (11/3/2009)

Arizona Court of Appeals Division One Holds That Federal Law Does Not Prohibit Arizona from Taxing a Non-Arizona Partnership’s Income Derived from Sales in Arizona When the Taxpayer Reporting the Income Has an Independent Nexus to Arizona.

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Nov
17
2009

ICA v. Old Rep./Liberty (11/3/2009)

Arizona Court of Appeals Division One Holds That Workers’ Compensation Insurance Carriers Do Not Have to Pay Taxes on the Difference Between a Full Premium and the Reduced Premium Charged for a Deductible Policy.

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Nov
17
2009

Zeagler v. Buckley (10/27/2009)

Arizona Court of Appeals Division Two Holds That Under A.R.S. § 12-341.01 a Trial Court Can Award the Prevailing Party in a Contract Action Attorney’s Fees Incurred During a Bankruptcy Proceeding that is Intertwined with a Contract Dispute.

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Nov
3
2009

Sorokin v. Hon. Arnold/I.T. (10/27/2009)

Arizona Court of Appeals Division One Holds That A Screening Agency Only Needs to Attach a County Attorney’s Recommendation to a Petition for Court-Ordered Evaluation if the County Attorney Recommends that No Further Screenings Are Warranted.

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Nov
3
2009

Lake v. City of Phoenix (10/29/2009)

Arizona Supreme Court Holds That Computer Metadata of Public Records That Are Stored in Electronic Format Is Subject to Disclosure Under Public Records Law.

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Nov
3
2009

M.D.C. Holdings, Inc. v. Arizona Department of Revenue (10/6/2009)

Arizona Court of Appeals Division One Holds That, When Apportioning Arizona Income, the Denominator of the Sales Factor Should Include Only the Net Gains from the Sales of Mortgages and Mortgage Servicing Rights.

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Nov
3
2009

Verma v. Stuhr (10/29/2009)

Arizona Court of Appeals Division One Holds That Under A.R.S. § 33-422 a Buyer May Rescind a Land Purchase Contract If the Seller Has Not Made the Required Disclosures, Subject to the Affirmative Defenses of Waiver, Estoppel, and Laches.

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Nov
3
2009

Minajares v. State of Arizona (10/29/2009)

Arizona Court of Appeals Division One Affirms Superior Court’s Correction of a Judgment that Had Already Been Affirmed on Appeal and Holds That the Normal Statutory Interest Rate on a Final Judgment Does Not Apply During the Course of an Appeal Where the Judgment Would be Paid Out of the State Risk Management Revolving Fund.


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Nov
3
2009

Mousa v. Saba (10/20/2009)

Arizona Court of Appeals Division One Holds That An Unlicensed Real Estate Broker May Not Recover for Performing Services That Require a Real Estate License, But May Recover in Unjust Enrichment for Non-Broker Services When the Contract Is Not Divisible.

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Oct
27
2009

Coplan v. Ariz. State Bd. Of Appraisal (10/22/2009)

Arizona Court of Appeals Division One Holds That A Court Reviewing Agency Action Was Insufficiently Deferential When It Concluded That an Agency’s Decision Was “Shocking to One’s Sense of Fairness."

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Oct
26
2009

In Re MH 2008-002596 (10/20/2009)

Arizona Court of Appeals Division One Holds There is No Requirement for a Minimum Number of Encounters or Time of Acquaintance to Qualify as an Acquaintance Witness in a Hearing for Involuntary Mental Health Treatment.

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Oct
26
2009

Grosvenor Holdings, L.C. v. Superior Court (10/26/2009)

Arizona Court of Appeals Division Two Holds That Parties Cannot Submit Disputes to Judicial Proceedings Under the Administrative Review Act Without Statutory Authorization.

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Oct
20
2009

Grand v. Nacchio, et al. (9/29/2009)

Arizona Court of Appeals Division Two Holds That A Private Plaintiff Brining Claims for Secondary Liability Under the Arizona Securities Act Must First Establish Primary Liability Under A.R.S. § 44-2003(A).

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Oct
20
2009

Hammoudeh v. Jada (10/9/2009)

Arizona Court of Appeals Division Two Holds That When It Is Apparent from the Record That Discovery Violations Are the Fault of the Party, As Opposed To the Party’s Attorney, Court Need Not Hold Evidentiary Hearing Prior to Sanctioning Party with Dismissal or Entry of Default Judgment.

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Oct
20
2009

American Family Mutual Insurance Company v. Hon. Larry Grant (10/8/2009)

Arizona Court of Appeals Division One Vacates Superior Court’s Order Requiring Insurance Company’s Expert Physician to Produce Extensive Documentation In Response to Subpoena Duces Tecum

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Oct
13
2009

In re MH 2008-001795 (9/29/2009)

Arizona Court of Appeals Division One Holds That A Psychiatric Resident Physician with a One-Year Training Permit Qualifies as a “Licensed Physician” for the Purpose of Completing a Petition for Court-Ordered Evaluation.

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Oct
13
2009

A Tumbling-T Ranches v. Flood Control Dist. of Maricopa County (10/8/2009)

Arizona Court of Appeals Division One Holds That Inverse Eminent Domain Claims Must Demonstrate an Increased Risk of Sufficient Magnitude, and a Depreciation in Property Value.

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Sep
22
2009

Premiere RV & Mini Storage LLC v. Maricopa County (9/15/2009)

Arizona Court of Appeals Division One Holds That A Property “Split” Occurs For Tax Purposes When the Assessor Completes the Process of Identifying and Valuing the Resulting Parcels, Not When a Portion of the Property Is Sold.

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Sep
15
2009

Arizona ex rel. Arizona Registrar of Contractors v. Johnston (8/27/2009)

Arizona Court of Appeals Division One Holds That A.R.S. § 32-1138, which States that the Registrar of Contractors “Shall Promptly Enforce” Subrogation Claims, is not a Statute of Limitations.

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Sep
4
2009

Gaveck v. Arizona State Board of Podiatry Examiners (9/1/2009)

Arizona Court of Appeals Division One Holds That Due Process Requires a Professional Licensure Board to Provide Notice of the Standard of Care It Will Apply to a Licensee Charged with a Violation.

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Sep
1
2009

Qwest Corp. v. City of Chandler (8/27/2009)

Arizona Court of Appeals Division One Holds That A Pre-Statehood Franchise for Electric Telegraph Service Does Not Exempt Franchise Holder From Paying Relocation Costs for Telephone and Cable Lines That Interfere With a Public Purpose.

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Aug
28
2009

Lips v. Scottsdale Healthcare Corp. (8/25/2009)

Arizona Court of Appeals Division One Holds That Arizona Law Does Not Recognize an Independent Tort for Intentional or Negligent Spoliation of Evidence in a Medical Products Liability Case.

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Aug
28
2009

Advanced Cardiac Specialists et al. v. Tri-City Cardiology et al (8/25/2009)

Arizona Court of Appeals Division One Holds That A.R.S. § 32-1451(A) Abrogates Common Law Immunity For Reports Involving Medical Malfeasance And Affirms Dismissal of Defamation Action Brought Against Physician Who Reported Other Physicians to the Arizona Medical Board.

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Aug
27
2009

Seidman v. Seidman (8/25/2009)

Arizona Court of Appeals Division One Holds That A Trial Court Must Hold an Evidentiary Hearing Before It Enters a Default Judgment as a Discovery Sanction.

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Aug
27
2009

Garza v. Swift Transportation Co. (8/24/2009)

Arizona Supreme Court Holds That Court of Appeals Lacks Appellate Jurisdiction Over Superior Court Interlocutory Denials of Class Certification for Purported Class Actions.

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Aug
26
2009

Brewer v. Burns (8/13/2009)

Arizona Supreme Court Holds That The Legislature Must Transmit All Passed Bills to the Governor With No More Delay than is Necessary to Complete Any Ministerial Tasks.

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Aug
24
2009

ADOA v. Cox (8/17/2009)

Arizona Court of Appeals Division Two Holds ADOA May Recover the Full Amount of Medical Costs Provided to Participants Under the State Employee Health Care Plan, but That Recovery Is Limited to the Participant’s Net Recovery From the Third-Party Tortfeasor After Attorneys’ Fees Are Deducted.

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Aug
18
2009

Tripati v. Tucker (7/29/2009)

Arizona Court of Appeals Division Two Holds That A Plaintiff Claiming Indigency has the Burden of Proof When a Defendant Challenges Plaintiff’s Status Under A.R.S. § 12-302.

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Aug
18
2009

In Re MH 2008-001752 (8/6/2009)

Arizona Court of Appeals Division One Holds That A Patient in a Hearing for Involuntary Mental Health Treatment Does Not Have a Due Process Right to In-Court Identification.

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Aug
18
2009

Keovorabouth v. Ind.Comm’n of Arizona (8/4/2009)

Arizona Court of Appeals Division One Holds That Worker’s Compensation Claimant’s Injuries, Sustained In Car Accident While Traveling to Her Attorney’s Office to Prepare For Her Deposition In a Pending Industrial Commission Proceeding, Did Not Arise Out of Her Employment and Are Non-Compensable.

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Aug
10
2009

Maleki v. Desert Palms Prof’l Props., L.L.C. (7/28/2009)

Arizona Court of Appeals Division One Holds That an Immaterial Breach of the Lease Did Not Deprive the Tenant of the Power to Renew, Even Though the Tenant Had to Be “In Compliance” with Lease to Renew.

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Aug
10
2009

In Re MH-2008-000867 (7/30/2009)

Arizona Court of Appeals Holds Division One That Absent a Showing of True Necessity, Based on Unavailability, Telephonic Testimony of a Doctor at a Hearing for Court-Ordered Treatment Violates the Patient’s Rights.

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Aug
4
2009

Hurd v. Hurd (7/23/2009)

Arizona Court of Appeals Division One Holds Award of Sole Custody Appropriate if Court Finds a History of Domestic Violence, but When Deciding Whether Parent May Relocate Children, the Court Must Make Specific Findings Regarding All Relevant Statutory Factors.

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Aug
4
2009

Santa Maria v. Najera (6/16/2009)

Arizona Court of Appeals Division One Holds That Grant of Partial Summary Judgment is Not Appealable under A.R.S. § 12-2101(F).

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Aug
4
2009

Reid v. Reid (7/28/2009)

Arizona Court of Appeals Division One Vacates Family Court’s Custody Order Because It Did Not Adequately Make Findings Concerning the Factors in A.R.S. § 25-403(B) and Allows Argument on Appeal Not Raised in the Family Court.

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Aug
1
2009

Pozo Parra v. Continental Tire North America Inc. (7/28/2009)

Arizona Court of Appeals Division One Holds That Deference to Plaintiff’s Choice of Forum Precludes Dismissal of Suit on Forum Non Conveniens Grounds Absent Strong Showing of Public and Private Interests Favoring Suit in Alternative Forum.

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Jul
28
2009

Mendoza v. McDonald’s Corp. (7/7/2009)

Arizona Court of Appeals Division One Orders A New Trial on an Employee’s Compensatory and Punitive Damages Claims Arising out of McDonald’s Bad Faith Handling of Her Workers’ Compensation Claim.

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Jul
28
2009

Arizona Early Childhood Development & Health Board v. Brewer (7/24/2009)

Arizona Supreme Court Holds That The Arizona Legislature Exceeded Its Authority When It Transferred $7 million in Interest Income Earned on Revenue From the Early Childhood Development & Health Fund Into the State’s General Fund.

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Jul
27
2009

Chavez v. Brewer (7/21/2009)

Arizona Court of Appeals Division One Holds That The Political Question Doctrine Does Not Preclude Judicial Review of Arizona Secretary of State’s Certification of Voting Machines and That a Private Right of Action Exists to Claim That Voting Machines Do Not Comply With Statutory Requirements.

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Jul
23
2009

Salt River Sand and Rock Company v. Dunevant (6/30/2009)

Arizona Court of Appeals Division One Holds That Trial Courts Possess Discretion to Condition a Stay of Execution of Judgment on a Supersedeas Bond in an Amount Different from the Judgment Amount.

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Jul
23
2009

Tarron v. Bowen Machine & Fabricating, Inc. (7/7/2009)

Arizona Court of Appeals Division One Holds That Reverses Summary Judgment and Holds That Right to Control Under the Borrowed Servant Doctrine Is a Question of Fact.

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Jul
17
2009

Tarron v. Bowen Machine & Fabricating, Inc. (7/17/2009)

Arizona Court of Appeals Division One Holds That Reverses Summary Judgment and Holds That Right to Control Under the Borrowed Servant Doctrine Is a Question of Fact.


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Jul
17
2009

Salt River Sand and Rock Company v. Dunevant (6/30/2009)

Arizona Court of Appeals Division One Holds That Trial Courts Possess Discretion to Condition a Stay of Execution of Judgment on a Supersedeas Bond in an Amount Different from the Judgment Amount.

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Jul
17
2009

Cannon v Hirsch Law Office et al (7/14/2009)

Arizona Court of Appeals Division One Holds That An Attorney’s Alleged Negligence While Representing a Creditor in Non-Adversarial Portions of Bankruptcy Proceedings Does Not Occur in the Course of “Litigation” as that Term Is Used For Purposes of the Accrual of an Attorney Malpractice Action.

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Jul
9
2009

Keystone Floor & More, LLC v. Arizona Registrar of Contractors (7/2/2009)

Arizona Court of Appeals Division One Holds That Superior Court Judicial Review of Administrative Disciplinary Action Against Licensed Contractor Does Not Arise Out of Contract For Purposes of Attorneys' Fees Award Under A.R.S. § 12-341.01.

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Jul
9
2009

East v. Matthews (6/23/2009)

Arizona Court of Appeals Division One Holds That The Arizona Child Support Guidelines Require Courts to Consider the Standard of Living that the Child Would Have Had if the Parents Lived Together Even if the Child Was Born Out of Wedlock and the Parents Never Lived Together.

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Jul
2
2009

Carondelet Health Network v. Atteberry (6/12/2009)

Arizona Court of Appeals Division Two Holds That The Physician-Patient Privilege Does Not Protect a Patient's Identity From Disclosure, Where Such Disclosure Would Not Lead to the Revealing of Confidential Medical Information.

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Jul
2
2009

Watts v. ADOR (5/26/2009)

Arizona Court of Appeals Division One Holds That Purchases of Water Trucks and Water Wagons for Lease Do Not Qualify for Pollution Control Income Tax Credit.

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Jul
2
2009

Castro v. Ballesteros-Suarez (6/18/2009)

Arizona Court of Appeals Division One Holds That A Widow Found by a Preponderance of the Evidence to Have Feloniously and Intentionally Killed Her Husband Is Not Entitled to Life Insurance Proceeds.

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Jul
2
2009

Paczosa v. Cartwright Elementary School Dist. (6/23/2009)

Arizona Court of Appeals Division One Holds That School District Administrators Who Fail to Sign New Employment Contracts Are Not Entitled to Return to Positions as Tenured Teachers.

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Jul
2
2009

Carbajal v. The Industrial Commission of Arizona (6/15/2009)

Arizona Supreme Court Holds That Attendant Care Services Provided By Spouse May Be Compensable Under Arizona’s Workers’ Compensation Statute.

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Jul
2
2009

Johnson v. State (6/18/2009)

Arizona Court ofAppeals Division One Holds That Trial Court Properly Excluded Evidence of Subsequent Remedial Measures Under Rule 407.

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Jun
23
2009

Huerta v. Superior Court (6/16/2009)

Arizona Court of Appeals Division One Holds That a Party Whose Case is Consolidated With Another May Not Exercise a Peremptory Change of Judge if a Party on the Same Side in the Other Case Has Already Exercised a Peremptory Change of Judge.

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Jun
23
2009

County ofCochise (6/16/2009)

Arizona Court of Appeals Division Two Meaning of A.R.S. § 11-830(A)(2) and Holds that Feed Lot Operations are Not “General Agricultural Uses” Exempt from County Zoning.

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Jun
23
2009

Aida v.MaricopaCounty (6/11/2009)

Arizona Court ofAppeals Division One Holds That a Tax Discrimination Claim May Be Based on the Initial Values Assessed.

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Jun
17
2009

Arpaio v. Davis (6/2/2009)

Arizona Court of Appeals Division One Affirms that Arizona Supreme Court Rule 123 Governs Requests for Judicial Records and a Presiding Judge May Appoint Another Judge on the Same Court to Perform an Administrative Review of Requested Records.

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Jun
5
2009

Jordan v. Hon. Rea/Romine (5/29/2009)

Arizona Court of Appeals Division One Holds That a Court May Order an Objecting Parent to Pay Child Support to Cover Private Religious School Tuition After Determining Such a School Placement Is in the Child’s Best Interest.

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Jun
5
2009

Douglas v. Governing Board of Window Rock (6/5/2009)

Arizona Court of Appeals Division One Holds That Acceptance of Rule 68 Offer of Judgment Encompasses Both Individual and Class Claims Unless the Offer Specifies Otherwise.

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Jun
5
2009

State v. Western Union Financial Services, Inc (6/3/2009)

Arizona Supreme Court Holds That State Lacks In Rem Jurisdiction To Issue Warrants Seizing Money Transfers Sent From Other States to Mexico.

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Jun
5
2009

King v. Titsworth (6/4/2009)

Arizona Court of Appeals Division One Holds That a Request for Attorneys’ Fees Must Be Made in the Pleadings Under Ariz. R. Civ. P. 54(g)(1).

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Jun
5
2009

Batty v. Glendale Union High School Dist. No. 205 (6/2/2009)

Arizona Court of Appeals Division One Holds that Notice of Claim Against School District Must Be Served on the District Governing Board, Not Superintendent.

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Jun
5
2009

Cardi Am. Corp. v. All Am. House & Apartment Movers, L.L.C. (5/26/2009)

Arizona Court ofAppeals Division Two Holds That Where a Lease Provides for Its Termination at the Lessor ’s Option on Condemnation of the Property, the Lessee Has No Right to Compensation for the Taking if the Option is Exercised.

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Jun
2
2009

Kline v. Kline (5/21/2009)

Arizona Court of Appeals Division One Holds That an Award of Spousal Maintenance by Default Judgment is Invalid Under ARFLP 44(G) Where the Pleading Requesting Spousal Maintenance Is Never Served, Unless the Lack of Service Causes No Prejudice.

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Jun
2
2009

Douglas v. Governing Board of Window Rock (5/28/2009)

Arizona Court of Appeals Division One Holds That Acceptance of Rule 68 Offer of Judgment Encompasses Both Individual and Class Claims Unless the Offer Specifies Otherwise.

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Jun
2
2009

Cardi Am. Corp. v. All Am. House & Apartment Movers, L.L.C. (6/2/2009)

Arizona Court ofAppeals Division Two Holds That Where a Lease Provides for Its Termination at the Lessor ’s Option on Condemnation of the Property, the Lessee Has No Right to Compensation for the Taking if the Option is Exercised.

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May
29
2009

In re MH (5/29/2009)

Arizona Court of Appeals Division One Holds That A.R.S. § 36-533, Addressing Psychiatric Examinations Required For Involuntary Treatment, Requires a Personal Examination of the Patient.

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May
26
2009

Ariz. Minority Coalition for Fair Redistricting v. Ariz. Independent Redistricting Comm’n (5/20/2009)

Arizona Supreme Court Upholds Plan for Legislative Districts.

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May
26
2009

Holland v. Hurley (5/19/2009)

Arizona Court of Appeals Division Two Holds That Single Sale to Arizona Through Online Auction Site Does Not Constitute Purposeful Availment Sufficient to Confer Personal Jurisdiction on Out-of-State Seller.

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May
26
2009

Egan v. v. Hon. Fridlund-Horne/Hochmuth (4/14/2009)

Arizona Court of Appeals Division One Holds That a Court Must Presume That a Biological Parent’s Decision Whether to Allow a Former Same-Sex Partner to Have Visitation with a Child Is Made in the Child’s Best Interest.

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May
19
2009

Howell v. Hodap/Johnson (5/12/2009)

Arizona Court of Appeals Division One Holds That Claim Preclusion Bars State Law Claims That Could Have Been Asserted in a Federal Court Cause of Action.

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May
14
2009

Quintero v. Rodgers (5/12/2009)

Arizona Court of Appeals Division One Holds That Arizona’s Survival Statute Precludes Loss of Enjoyment of Life Damages, but Allows Punitive Damages.

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May
14
2009

New Sun Business Park, LLC v. Yuma County (5/5/2009)

Arizona Court of Appeals Division One Holds that the County Board of Supervisors Must Appoint Both County Zoning Inspectors and Deputy County Zoning Inspectors, But, Under the Circumstances of this Case, the Deputy County Zoning Inspector Acted in a De Facto Capacity.

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May
14
2009

News Article (5/14/2010)

17 Applicants Being Considered by Commission to Replace Justice McGregor.

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May
12
2009

Engel v. Landman (4/30/2009)

Arizona Court ofAppeals Division One Holds that (1) Family Court Erroneously Attributed Hypothetical Income and Childcare Expenses to a Voluntarily Unemployed Parent Because the Arizona Child Support Guidelines Do Not Support the Use of Hypothetical Attribution to Increase the Support Burden on the Employed Parent, and (2) the Court Further Erred in the Method It Used to Calculate the Father’s Stock Option Income.


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May
12
2009

Jilly v. Hon. Rayes/Carter (4/30/2009)

Arizona Court of Appeals Division One Holds That A.R.S. § 12-2603 Does Not Conflict With the Arizona Supreme Court’s Rulemaking Authority.

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May
12
2009

Sage v. Blagg Appraisal Co. (4/30/2009)

Arizona Court ofAppeals Division One Holds That an Appraiser Retained by a Lender to Appraise a Home in Connection with the Granting of a Purchase-Money Mortgage May Be Liable to the Prospective Buyer for Failure to Exercise Reasonable Care in Performing the Appraisal.

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May
12
2009

Arizona Association of Providers for Persons with Disabilities v. State of Arizona (4/30/2009)

Arizona Court of Appeals Division One Holds That Department of Economic Security Decision To Reduce Rates Paid to Service Providers and Suspend Certain Services for Developmentally Disabled Individuals Did Not Violate State or Federal Law.

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May
12
2009

Modular Mining Systems, Inc. v. Jigsaw Technologies, Inc. et al (4/30/2009)

Arizona Court of Appeals Division Two Holds That Trial Court Trial Court, In Trade Secrets Case, Properly Concluded Injunctive Relief Moot Where Defendants Voluntarily Ceased Use of Alleged Trade Secret Upon Learning Plaintiff Considered The Material a Trade Secret.

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May
11
2009

Hughes Custom Building, L.L.C. v. Davey (5/7/2009)

Arizona Court of Appeals Division Two Holds That Economic Loss Doctrine Does Not Bar Homebuilder’s Negligence Claim Against Engineering Firm For Damages From Soil Subsidence to Homes That Were Sold by Homebuilder.

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May
1
2009

Ritchie v. Krasner (4/21/2009)

Arizona Court ofAppeals Division One Holds That Even Absent a Formal Doctor-Patient Relationship, a Doctor Conducting an Independent Medical Examination Owes a Duty of Reasonable Care to His or Her Patient.

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May
1
2009

Queiroz v. Harvey (4/28/2009)

Arizona Supreme Court Holds That Agent’s Inequitable Conduct May be Imputed To the Principal Whether or Not the Principal Knew of the Agent’s Misconduct.

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Apr
28
2009

Jones v. Weston (4/22/2009)

Arizona Court of Appeals Division Two Holds That Time For Renewal of Judgment Under Arizona Statute Is Tolled For Period During Which Judgment Is Vacated by an Amended Judgment Before Reinstatement on Appeal.

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Apr
28
2009

In Re MH 2008-000028 (4/21/2009)

Arizona Court of Appeals Division One Holds that an Order Entered Pursuant to A.R.S. § 13-4517 Requiring Criminal Defendant to Undergo Mental Health Treatment Obviates the Need for Strict Compliance with Civil Commitment Procedures in A.R.S. § 36-523.

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Apr
28
2009

Indus. Comm’n of Ariz. v. Word (4/21/2009)

Arizona Court ofAppeals Division One Holds that Pursuant to A.R.S. § 23-907(E) An Award Against an Employer Who Lacked Worker’s Compensation Insurance Must Be Filed with Clerk and Executed on Within Eight Years.

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Apr
23
2009

Beynon v. Trezza (4/13/2009)

Arizona Court of Appeals Division Two Holds, In the Context of a Legal Malpractice Claim, a Legal Claim Against the State is Legally Barred Where the Claimant’s Notice of Claim Provides No Facts Whatsoever to Explain or Justify a Particular Damage Claim.

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Apr
23
2009

Calpine Construction Finance Co. v. Arizona Department of Revenue (4/16/2009)

Arizona Court of Appeals Division One Holds That Tribe’s Tenant Owned Improvements Made on Leased Land and Therefore Improvements Are Subject to Taxation.

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Apr
23
2009

Dowling v. Stapley (4/16/2009)

Arizona Court of Appeals Division One Holds That Public Official Displaced by Receivership Lacks Standing to Assert Rights in Her Official Capacity.

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Apr
23
2009

Bailey-Null v. ValueOptions (4/7/2009)

Arizona Court of Appeals Division One Holds That Exhaustion of Remedies Doctrine Does Not Apply to Patient’s Civil Action Seeking Money Damages Against State Contractor Providing Behavioral Health Services.

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Apr
8
2009

Brethauer v. General Motors Corp. (3/31/2009)

Arizona Court of Appeals Division One Holds Strict Liability, “Consumer Expectation Test” Instruction Is Not Limited to Where Consumers Have Detailed Knowledge of Product’s Design.

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Apr
8
2009

Staples v. Concord Equities, L.L.C. (3/31/2009)

Arizona Court ofAppeals Division One Holds that When the Value of Real Property Is Set After an Administrative Appeal to the Arizona Tax Court the Value Rolls Over to the Next Tax Year Pursuant to A.R.S. § 42-16002(B).

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Apr
8
2009

In re MH 2008-000097 (3/31/2009)

Arizona Court ofAppeals Division One Holds That Psychiatrists Conducting Court-Ordered Mental Health Evaluations Pursuant to A.R.S. § 36-501(12)(a) May Jointly Interview a Patient if They Act Independently in Their Overall Evaluation of the Patient.

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Apr
8
2009

Devries v. State (3/31/2009)

Arizona Court of Appeals Division One Holds That the Qualified Immunity Provided in A.R.S. § 12-820.02(A)(7) Is Constitutional.

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Mar
30
2009

In re the Matter of the Jury Selection Process in Maricopa County (2/26/2009)

Arizona Court of Appeals Division One Holds Division One Holds It Has No Jurisdiction to Review Mass Compilation of Issues Submitted Under One Cause Number.

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Mar
30
2009

Maximov v. Maximov (3/26/2009)

Arizona Court ofAppeals Division One Holds that Family Court Has Authority to Modify Temporary Family Support Retroactively to a Date Before the Petition to Modify Was Filed.

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Mar
30
2009

In Re MH 2008-001188 (3/30/2009)

Finding That a Person Is Unwilling or Unable to Accept Voluntary Treatment, as Required For Court-Ordered Involuntary Mental Health Treatment, Need Not Be Alleged in Physicians’ Affidavits or Stated Verbally by Court if Found in Written Order and Supporte

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Mar
30
2009

Jones v. Paniagua (3/26/2009)

Arizona Court of Appeals Division One Holds that the Number of Valid Signatures Required for a Valid Referendum Petition is Based on the Number of Votes Cast at the Most Recent Mayoral or City Council Election.

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Mar
27
2009

Flagstaff Affordable Hous. Ltd. P’ship v. Design Alliance Inc. (3/24/2009)

Arizona Court ofAppeals Division One Holds That the Economic Loss Doctrine Does Not Bar Professional Negligence Claims Against Architects.

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Mar
27
2009

Scottsdale Insur. Co. v. Cendejas (3/3/2009)

Arizona Court of Appeals Division One Holds That a Rule 26(b)(5) Notice of Nonparty At Fault Must State Specific Facts Establishing Defendant’s Claim That the Designated Parties Were at Fault.

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Mar
26
2009

Green v. Garriott (3/26/2009)

Arizona Court of Appeals Division One Holds that A.R.S. § 43-1183, Which Establishes a State Income Tax Credit For Corporate Scholarship Contributions, Is Constitutional.

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Mar
26
2009

Cain et al. v. Horne/Geroux et al. (3/25/2009)

Arizona Supreme Court Holds That School Voucher Programs Violate Article 9, Section 10 of the Arizona Constitution.

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Mar
26
2009

Lee v. Industrial Comm’n (3/12/2009)

Arizona Court of Appeals Division One Holds That Self-Insured Employer Does Not Have To Pay the Attorney’s Fees of a Claimant Who Successfully Litigates a Workers’ Compensation Claim That Results Only In Reimburseent to the Employer’s Short Term Disability Fund.

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Mar
24
2009

Valley Forge Insurance Co. v. Sam's Plumbing, LLC (3/19/2009)

Arizona Court of Appeals Division Two Holds that Claim for Property Damage Resulting from Deficient Contractual Performance May Be Actionable in Tort Under Economic Loss Rule Even Absent Damage to Other Personal Property.

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Mar
24
2009

Backus v. State of Arizona (3/19/2009)

Arizona Supreme Court Holds That a Claimant Under Arizona’s Notice of Claim Statute Complies With the “Supporting Facts” Requirement by Providing “the Factual Foundation That the Claimant Regards as Adequate to Permit the Public Entity to Evaluate the Specific Amount Claimed.”

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Mar
24
2009

Davis v. Chino Grande, LLC (3/19/2009)

Arizona Supreme Court Holds Landowners Have No Interest in the Potential Future Use of Groundwater That Is Severable From the Overlying Land.

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Mar
20
2009

Pipher v. Loo (3/10/2009)

Arizona Court of Appeals Division One Holds That Expert’s Opinion Based on Expert’s Own Experience in Field, Experience With Plaintiff’s Type of Injury, and Knowledge of Other Testimony in the Case Had Sufficient Foundation and Reliability to Be Admitted to Jury.

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Mar
20
2009

Seisinger v. Siebel (3/13/2009)

Arizona Supreme Court Holds That A.R.S. § 12-2604(A) Does Not Violate the Separation of Powers Provision of the Arizona Constitution.

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Mar
20
2009

Poulson v. Ofack (3/17/2009)

Arizona Court ofAppeals Division One Holds That Attorneys’ Fees and Taxable Costs Must Be Awarded Against Parties Who Appeal an Arbitration Award but Fail to Better Their Position by Twenty-Three Percent as A.R.S. § 12-133(I) Requires.

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Mar
20
2009

Thomas v. Thomas (3/17/2009)

Arizona Court ofAppeals Division One Holds That a Trial Court in a Marriage Dissolution Case Does Not Have Jurisdiction in Post-Decree Proceedings over Property Intentionally Omitted from a Decree of Dissolution.

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Mar
10
2009

Hart v. Hart (3/3/2009)

Arizona Court ofAppeals Division One Holds That Family Court Erred in Its Child-Custody Order by (1) Failing to Make “Specific Findings on the Record About All Relevant Factors and the Reasons for Which the Decision Is in the Best Interests of the Child,” As Required by A.R.S. § 25-403(B), and (2) Failing to Apply the Correct Legal Standard in Ordering that Parenting Time Be Supervised.


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Mar
10
2009

Zenith Electronics Corp. v. Hon. Eddward Ballinger (3/5/2009)

Arizona Court of Appeals Division One Holds That Superior Court Did Not Abuse Its Discretion In Allowing Post-Judgment Intervention By a Non-Party Under Arizona Rule of Civil Procedure 24(b).

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Mar
10
2009

Vig v. Nix Project II Partnership (3/5/2009)

Arizona Court of Appeals Division One Holds That an Affidavit Is Proper Under A.R.S. § 33-422 When It Is Furnished to the Buyer at Least Seven Days Before Closing and Contains Sufficient Information to Put the Buyer on Inquiry Notice of All Relevant Conditions.

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Mar
10
2009

Langerman Law Offices, P.A. v. Glen Eagles at the Princess Resort, LLC ( (3/3/2009)

Arizona Court ofAppeals Division One Holds That a Plaintiff’s Attorney Has No Common-Law Charging Lien on a Judgment if Sanctions Awarded Under Arizona Rule of Civil Procedure 68(g) Exceed the Plaintiff’s Award, Resulting in a Net Judgment in Favor of the Defendant.

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Mar
10
2009

City of Phoenix v. Johnson (3/3/2009)

Arizona Court of Appeals Division One Holds that Defendant in Condemnation Action is Entitled to Immediate Disbursement of Money Paid Into Court by City/Condemnor, Despite Appeal by City, Because the Automatic Stay Under Rule 62(g) Conflicts With the Condemnation Statute, Which Controls.

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Mar
3
2009

Monterey Homes Ariz., Inc. v. Federated Mut. Ins. Co. (2/10/2009)

Arizona Court ofAppeals Division One Holds That an Insurer Defending Under a Reservation of Rights and Seeking to Assert a Subrogation Claim That Has Been Released by the Insured in a Settlement Agreement May Intervene to Contest Whether the Insured Gave Appropriate Notice of the Settlement Agreement and Whether the Settlement Was Reasonable.


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Mar
3
2009

Fidelity National Title Co. v. Town of Marana (2/13/2009)

Arizona Court of Appeals Division Two Holds that the Time for Filing a Referendum Petition Challenging a Zoning Ordinance Begins To Run When the Ordinance is Approved.

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Mar
3
2009

In Re MH 2008-000438 (2/10/2009)

Arizona Court of Appeals Division One Holds that Court-Ordered Examinations Pursuant to A.R.S. § 36-533 Must Be In-Person Physical Examinations.

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Mar
3
2009

Koepnick v. Arizona State Land Department (2/26/2009)

Arizona Court of Appeals Division One Affirms a Decision by the State Land Department Reclassifying Trust Lands in Pinal County from Agricultural to Commercial.

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Mar
3
2009

In Re MH 2007-001895 (2/10/2009)

Arizona Court of Appeals Division One Holds That the Trial Court Has Discretion to Decide Whether an Interpreter is Qualified.

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Mar
3
2009

Patches v. Industrial Commission of Arizona (2/24/2009)

Arizona Court of Appeals Division One Holds That Housekeeping Services Are Not Compensable Services Under Arizona’s Workers’ Compensation System.

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Feb
27
2009

Supreme Court Corrective Order (2/27/2009)

The Supreme Court adopted new rules for petitions for review and motions for reconsideration that replaced the page limitation with a word count.

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Feb
19
2009

Supreme Court Amended Opinion (2/19/2009)

The Supreme Court issued an amended opinion in City of Phoenix v Hon. Fields/Perez.

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Feb
17
2009

Mayer UnifiedSchool District v. Winkelman (2/13/2009)

Arizona Supreme Court Holds That Claims for Compensation for Easements Across School Trust Lands Are Barred by the Statute of Limitations.

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Feb
17
2009

Sharpe v. AHCCCS (2/3/2009)

Arizona Court of Appeals Division One Holds Dentures Are Medically Necessary Under AHCCCS When Dentist Determines Patient Has Inability to Chew Food.

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Feb
17
2009

Duwyenie v. Moran (2/11/2009)

Arizona Court of Appeals Division Two Holds that Arizona Superior Court Has Jurisdiction Over Child Custody Dispute Despite that Child Has Been Removed From State by Non-Custodial Parent and is the Subject of a Pending Custody Proceeding in an Out-of-State Tribal Court.

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Feb
11
2009

AzApp (2/11/2009)

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Feb
10
2009

McMurray v. Dream Catcher USA, Inc. (1/30/2009)

Arizona Court of Appeals Division Two Holds That a Seller May Only Be a “Successful Party” Under the Purchaser Dwelling Actions Act After a Final Judgment.

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Feb
4
2009

League ofArizonaCities and Towns v. Martin (2/3/2009)

Arizona Supreme Court Holds That a Statutory Measure Requiring Incorporated Cities and Town to Deposit Money into the State General Fund Is Not an Appropriation That May Be Included in the General Appropriations Bill.

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Feb
4
2009

Tilley v. Delci (1/29/2009)

Arizona Court of Appeals Division One Holds That Summary Judgment is Not a Sanction.

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Feb
3
2009

Pride of San Juan, Inc. v. Pratt (1/29/2009)

Arizona Court of Appeals Division One Holds that A Principal is Vicariously Liable for the Negligence of an Independent Contractor Crop Duster Because Crop Dusting Remains an Inherently Dangerous Activity Despite Safety Improvements.

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Feb
3
2009

Bilke v. State (1/29/2009)

Arizona Court ofAppeals Division One Holds An Individual Who Prevails in an Action Against the State or a Political Subdivision to Compel Compliance with a Statutory Obligation is Entitled to Recover Attorneys’ Fees Under A.R.S. § 12-2030(A), Even if the Action is Not Formally Entitled “Mandamus.”

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Feb
3
2009

Bogard v. Cannon & Wendt Electric Co., Inc. (1/27/2009)

Arizona Court of Appeals Division One Holds That Reversal on Appeal of A Summary Judgment Motion That is Limited to the Specific Issues Raised in the Motion is Not A General Reversal Without Instructions; On Remand, A New Trial Court Judge Has no Jurisdiction to Reconsider Rulings Not Addressed in the Appeal.


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Jan
27
2009

Green v. Lisa Frank, Inc (1/20/2009)

Arizona Court of Appeals Division Two Holds that a Trial Court May Enter Default Judgment as a Sanction for Civil Contempt Not Involving a Discovery Violation, and Such an Order May Be Appealable Under A.R.S. § 12-2101.

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Jan
27
2009

Lake v. City of Phoenix (1/13/2009)

Arizona Court ofAppeals Division One Holds That Metadata Is Not a Public Record for Purposes of Arizona’s Public Records Law.

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Jan
27
2009

Hudgins v. Southwest Airlines, Co (1/13/2009)

Arizona Court ofAppeals Division One Reduces Punitive Damages Award as Violative of Due Process.

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Jan
27
2009

City of Phoenix v. Fields (1/22/2009)

Arizona Supreme Court Holds that the Notice of Claim Statute, A.R.S. 12-821.01(A), Requires a Putative Class Representative to Include in His Notice of Claim (1) a “Specific Amount” for Which His Individual Claim Can Be Settled and (2) a Statement that, If Litigation Ensues, The Representative Intends to Seek Certification of a Plaintiff Class.


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Jan
13
2009

Arpaio v. Citizen Publishing Co. (12/18/2008)

Arizona Court of Appeals Division Two Holds That A.R.S. § 39-121.02(B) Permits a Trial Court to Award Attorneys’ Fees to a Party Requesting Public Records Against An Objecting Party Other Than the Custodian of Records.

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Jan
13
2009

Barnett v. Jedynak (1/8/2009)

Arizona Court of Appeals Division One Reverses Trial Court’s Calculation of Marital Community’s Interest in the Appreciation of Separate Property Occurring During the Marriage.

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Jan
13
2009

Valerie M. v. Arizona Department of Economic Security (1/12/2009)

The Arizona Supreme Court Holds That the Indian Child Welfare Act Does Not Require State Law Findings for the Termination of Parental Rights to be Made by a Higher Standard of Proof in Cases Involving Indian Children.

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Jan
13
2009

In re Williams (12/31/2008)

Arizona Court of Appeals Division Two Holds A.R.S. § 25-324 Requires Trial Courts to Assess the Reasonableness of a Litigant’s Position by an Objective Standard and to Take Into Account the Financial Resources of Both Parties When Deciding Whether to Award Attorney’s Fees in a Dissolution Action.

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Jan
6
2009

Harper v. Canyon Land Development, LLC. (12/23/2008)

Arizona Court of Appeals Division One Holds that Motion to Set Aside Entry of Default and a Default Judgment Based on Excusable Neglect May Be Filed Within Six Months of the Entry of Judgment.

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