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

AZAPP Blog - 2012

Dec
18
2012

State v. Mathis (12/18/2012)

Arizona Court of Appeals Division One Holds That Although Open Meeting Statute Applies to Arizona Independent Redistricting Commission and Legislative Privilege Does Not Shield Communications Regarding Hiring of Mapping Consultant, Attorney General and County Attorney Are Enjoined From Continuing Investigation Into Alleged Open Meeting Violations Because Investigation Lacked a Reasonable Basis.

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Dec
13
2012

Pedersen v. Bennett (12/5/2012)

Arizona Supreme Court Holds That the Proponents of the Quality Education and Jobs Act Substantially Complied with the Initiative Requirements Based on the Unique Circumstances Presented.

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Dec
10
2012

Sullivan v. Pulte Homes Corporation (12/4/2012)

Arizona Court of Appeals Division One Holds That Construction Defect Statute of Repose Is Not Subject to Challenge Under Anti-Abrogation Clause of Arizona Constitution.

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Dec
4
2012

Rudinsky v. Harris (11/23/2012)

Arizona Court of Appeals Division One Holds that Statute of Frauds Bars an Oral Contract Where It Is Clear That One Side of the Contract Could Not Have Completed Performance of the Contract Within One Year.

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Dec
3
2012

Nucor Corp. v. Employers Insurance Co. of Wausau (11/23/2012)

Arizona Court of Appeals Division One Holds That (1) Diminution in Property Value Because of Stigma Associated with Contamination Is Not “Damages Because of Property Damage” Under Insurance Policy; (2) Proceedings Related to Potentially-Responsible-Party Letter from ADEQ Is a “Suit” Under Insurance Policy; (3) Insurer That Pays More Than Its Share of Defense Costs Is Entitled to Equitable Contribution from Other Insurers; (4) “Policy Limits” Apportionment of Defense Costs Among Insurers Is Not an Abuse of Discretion; and (5) Insured That Had Coverage for Entire Time Period at Issue in Suit Was Not Responsible for Share of Defense Costs Allocated to Insolvent Insurer.

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Dec
3
2012

Industrial Commission of Arizona v. Brewer (11/23/2012)

Arizona Court of Appeals Division One Holds That Funds From Special Fund Of The Industrial Commission of Arizona Are Public Funds That Can Be Transferred To The State’s General Fund.

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Dec
3
2012

Kwietkauski v. Industrial Commission of Arizona (11/20/2012)

Arizona Court of Appeals Division One Holds that a Workers’ Compensation Claimant Who Expresses an Intention to Record an Independent Medical Examination Has Not Committed a “Wrongful Act” Constituting Obstruction of the IME Under A.R.S. § 23-1026(C).

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Nov
30
2012

Lerner v. DMB Realty, LLC (11/27/2012)

Arizona Court of Appeals Division One Holds That Notwithstanding a Statute Protecting Sellers of Real Estate Who Live Near Sex Offenders (and a Sales Contract That Informs the Buyer that the Seller Need Not Disclose Nearby Sex Offenders), a Buyer May Bring a Fraud Claim a Seller Related to Misrepresentations Nearby Sex Offenders In Certain Circumstances.

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Nov
26
2012

Kennedy v. Lodge (11/15/2012)

Arizona Supreme Court Holds That A Candidate Who Is Ineligible To Run For Office Because of Defective Nominating Petitions Is Also Ineligible To Run As A Write-In Candidate Because The Petitions Fail To Provide A Sufficient Number of Valid Petition Signatures Under A.R.S. § 16-312(F)(3).

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Nov
26
2012

Sun Valley Ranch 308 Ltd. P’ship v. Robson (11/20/2012)

Arizona Court of Appeals Division One Holds That Non-Signatories to an Agreement Containing an Arbitration Clause May Compel Arbitration Under Certain Circumstances.

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Nov
13
2012

News Article (11/13/2012)

Seven Applicants Being Considered For Arizona Court of Appeals

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Nov
12
2012

Yanes v. Maricopa County (11/13/2012)

Arizona Court of Appeals Division One Holds That Plaintiff Alleging Violation of 42 U.S.C. §1983 Based on Malicious Prosecution Must Prove Violation of Fourth Amendment Right Against Unlawful Seizure.

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Nov
5
2012

Para v. Anderson (11/1/2012)

Arizona Court of Appeals Division One Holds That a Party May Not Insulate an Expert from Discovery by Redesignating Him a Consultant.

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Oct
29
2012

In re General Adjudication of All Rights to Use Water in the Gila River System and Source (9/12/2012)

Arizona Supreme Court Holds That Federal Water Rights Were Not Impliedly Reserved on Lands Granted by the United States Government to the State of Arizona to Support Educational and Other Public Institutions.

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Oct
29
2012

Gorman v. Pima County (10/4/2012)

Arizona Court of Appeals Division Two Holds That Pima County Has Not Delegated General Contracting Power to the County Administrator and That In an Equitable Estoppel Claims Against a Government Actor, a Mere Writing Does Not Necessarily Satisfy the Requirement That the Actions Relied On Bear a Sufficient Degree of Formalism.

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Oct
25
2012

Caruthers v. Underhill (10/9/2012)

Arizona Court of Appeals Division One Holds That Directors and Officers Generally Do Not Owe a Duty to Disclose Inside Information When Purchasing Shareholder’s Stock, but That There Is a Limited Duty If Special Facts (i.e., Material Facts) Exist.

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Oct
22
2012

Stewart v. Stewart (9/27/2012)

Arizona Court of Appeals Division One Holds That an In Terrorem Clause in a Testamentary Instrument That Serves to Disinherit a Beneficiary Who Either Challenges the Will or Cooperates in Such a Challenge Is Enforceable Unless the Beneficiary Had Probable Cause to Contest the Testamentary Instrument.

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Oct
17
2012

News Release (10/16/2012)

Public Asked for Input on Candidates for Arizona Court of Appeals

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Oct
15
2012

AZ Central News Article (10/12/2012)

Governor Brewer Appoints Court of Appeals Judge Ann Scott Timmer to Arizona Supreme Court

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Oct
1
2012

Colorado Casualty Ins. v. Safety Control Co. (9/11/2012)

Arizona Court of Appeals Division One Holds That (1) a Damron Agreement in which a contractor assigns an indemnity claim to a tort victim is valid and (2) the indemnity claim may be enforced only if the stipulated judgment falls within the insurer’s policy.

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Oct
1
2012

Young v. Rose (9/25/2012)

Arizona Court of Appeals Division One A Real Estate Agent May Not Sue To Enforce An Agreement For A Real Estate Sales Commission Unless “All Parties” Have Signed the Agreement, Even Though the Statute of Frauds Requires Only That “The Parties To Be Charged” Have Signed.

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Oct
1
2012

Geller v. Lesk (9/25/2012)

Arizona Court of Appeals Division One Holds That a Party Who is Contractually Entitled to an Award of Attorneys’ Fees Must Make a Prima Facie Case that the Fees Requested are Reasonable.

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Sep
25
2012

Lo v. Superior Court (9/20/2012)

Arizona Court of Appeals Division Two Holds that Medical Standard of Care Expert Witness Required by A.R.S. § 12-2603 Need Not Match All Specialties of Defendant Doctor.

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Sep
17
2012

Coleman v. City of Mesa (9/7/2012)

Arizona Supreme Court Holds Tattooing Is Speech Protected By The First Amendment

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Sep
17
2012

Fields v. Oates (9/11/2012)

Arizona Court of Appeals Division One Holds That Judgment is Not Final for Purposes of Appeal When Claim for Attorneys’ Fees is Pending.

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Sep
10
2012

State of Arizona ex rel. David Raber v. Hongliang Wang (9/6/2012)

Arizona Court of Appeals Division One Holds Attorneys’ Fees and Costs Are Not Subject to Apportionment In State’s Claim For Reimbursement Under A.R.S. § 12-962.

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Aug
31
2012

Juan Carlos Escamilla v. Sonia Cuello (8/17/2012)

Arizona Supreme Court Holds that A.R.S. § 38-201(C) Requires Candidates for Public Office to Possess Sufficient Proficiency in the English Language to Conduct the Duties of the Office.

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Aug
29
2012

MidFirst Bank v. Chase (7/31/2012)

Arizona Court of Appeals Division One Holds That A Bank’s Bid Price For a Property Sold in a Trustee Sale Is Not Evidence of the Property’s Fair Market Value for Purposes of Calculating a Deficiency Judgment.

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Aug
24
2012

Wang Electric, Inc. v. Smoke Tree Resort, LLC (7/31/2012)

Arizona Court of Appeals Division One Holds That (1) A Contractor Hired By A Tenant To Make Improvements To Leased Property Can Recover From The Property Owner Under A Theory of Unjust Enrichment Only When The Owner Engaged In Improper Conduct, (2) A Lease Agreement Cannot Disclaim An Agency Relationship For Purposes Of The Lien Statutes, A.R.S. §§ 33-981 to -1008, and (3) A Mechanic’s Lien On A Leasehold Interest May Survive The Lease Termination If Tenant Serves As Owner’s Agent For Purposes of The Lien Statutes.

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Aug
21
2012

News Article (8/20/2012)

NOMINEES FOR ARIZONA SUPREME COURT ANNOUNCED

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Aug
17
2012

Gardner v. Richardson (8/9/2012)

Arizona Court of Appeals Division One Holds That A Devisee Who Exerts Possession and Control of Devised Property Without A Contemporaneous and Objectively Manifested Intent to Disclaim Has “Accepted” the Property Interest and May Not Later Disclaim It.

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Aug
13
2012

Kennedy v. Lodge (8/8/2012)

Arizona Supreme Court Holds That Courts Will Not Consider Extrinsic Information Provided by Petition Circulators in Determining Whether Nominating Petitions Substantially Comply With Statutory Requirements.

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Aug
7
2012

Bahney Dedolph v. Lois Jean McDermott (7/27/2012)

Arizona Supreme Court Holds that A.R.S. § 16-351(A) Allows Nomination Challenges to be Filed Within Ten Business Days After the Petition Filing Deadline.

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Aug
2
2012

PNC Bank v. Cabinetry by Karman, Inc. (7/24/2012)

Arizona Court of Appeals Division One Holds That, Under A.R.S. § 33-812(J), a Court May Not Distribute Excess Proceeds from a Trustee’s Sale Before the Expiration of 180 Days After a Complaint Is Filed, If the Court Has Information Before It Indicating That a Party May Have a Claim Superior to the Applicant’s Claim, Even If No Party Files a Response to the Application.

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Aug
2
2012

Cook v. State (7/26/2012)

Arizona Court of Appeals Division One Holds That A.R.S. § 13-757(A), Which Authorizes the Department of Corrections to Oversee Executions by Lethal Injection, Does Not Violate Arizona’s Separation of Powers Doctrine.

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Jul
24
2012

Independent Mortgage Company v. Alaburda (7/17/2012)

Arizona Court of Appeals Division One Holds That A Vacation Condominium Is a “Dwelling” for Purposes of Anti-Deficiency Protection Even When the Borrower Seeking Protection Owned Only a Fractional Interest in the Property and Could Only Use the Property for Part of the Year.

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Jul
23
2012

News Release (7/18/2012)

14 Applicants Being Considered for Arizona Supreme Court

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Jul
11
2012

Engler v. Gulf Interstate Engineering, Inc. (7/9/2012)

Arizona Supreme Court Holds That Employers Are Not Vicariously Liable for Negligence of Employees Driving From Restaurant to Hotel After Work During Extended Out-of-Town Assignment.

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Jul
6
2012

Town of Marana v. Pima County (6/14/2012)

Arizona Court of Appeals Division One Holds That Municipalities Have the Right To Provide Sewer Services and That Municipalities Must Get Specific Authority From Voters To Acquire A Particular Plant or Property From a Public Utility.

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Jul
5
2012

Sierra Tucson, Inc. v. Lee (6/28/2012)

Arizona Court of Appeals Division Two Holds That Venue Transfer is Mandatory When a Plaintiff Fails to Rebut a Defendant’s Motion to Transfer and Supporting Affidavit Within Five Days.

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Jul
5
2012

Grande v. Jennings (5/31/2012)

Arizona Court of Appeals Division One Holds That Money Hidden By A Decedent in the Decedent’s Home Is Mislaid Property That Belongs to the Decedent’s Estate and Not to the Subsequent Purchasers of the Home.

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Jul
5
2012

Nat. Bank of Ariz. v. Schwartz (6/26/2012)

Arizona Court of Appeals Division One Holds That Deficiency Action is Subject to Arbitration Clause in Promissory Note.

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Jul
2
2012

FL Receivables Trust 2002-A v. Arizona Mills, L.L.C. (6/21/2012)

Arizona Court of Appeals Division One Holds That (1) U.C.C. Article 9 Does Not Create a Cause of Action for Interference with Collateral; (2) Retroactive Application of the Remedies Provision in the Revised Article 9 Does Not Unconstitutionally Abrogate Contract Rights; and (3) Every Aspect of the Disposition of Collateral Must be Commercially Reasonable, Including the Deadline for the Disposition.

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Jul
2
2012

Catalina Foothills Unified School District No. 16 v. La Paloma Property Owners Association, Inc. (5/30/2012)

Arizona Court of Appeals Division Two Lacks Jurisdiction Over Partial Judgment For Order of Immediate Possession and Evidentiary Ruling.

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Jul
2
2012

Kool Radiators v. Stephen Evans (5/31/2012)

Arizona Court of Appeals Division One Holds That A.R.S. § 12-2101 Provides No Authority To Review an Order Awarding Attorneys’ Fees Made in Conjunction With a Dismissal of a Complaint Without Prejudice.

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Jun
25
2012

Technology Construction, Inc. v. City of Kingman (6/12/2012)

Arizona Court of Appeals Division One Holds That Commodity Price Increases Caused By Hurricane Katrina Were Foreseeable Damages And That A “No Liability” Clause In Public Construction Contract Does Not Immunize City From Damages Caused By City’s Unreasonable Delay.

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Jun
25
2012

Cardoso v. Soldo (5/29/2012)

Arizona Court of Appeals Division One Holds That the Collateral Consequence Exception to Mootness Applies when the Consequences of an Otherwise Moot Order Will Continue to Affect a Party.

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Jun
21
2012

News Release (6/19/2012)

Applications Being Accepted for Vacancy on Arizona Supreme Court

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Jun
18
2012

Powers v. Guaranty RV, Inc. (6/12/2012)

Arizona Court of Appeals Division One Holds That Seller is Liable Under Arizona Consumer Fraud Act for Transmitting Other’s Misrepresentation to Buyer Despite Seller’s Ignorance That Representation Was False.

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Jun
14
2012

Madison v. Groseth (6/5/2012)

Arizona Court of Appeals Division One Holds That Under A.R.S. § 33-811(C), a Trustor Waives All Defenses and Objections to a Trustee’s Sale if It Does Not Obtain an Injunction Before the Sale.

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Jun
13
2012

Stagecoach Trails MCH, L.L.C. v. City of Benson (5/31/2012)

Arizona Court of Appeals Division Two Holds That (1) Pursuant To A.R.S. § 9-462.06(K), The Superior Court’s Jurisdiction To Review Decision By City’s Board of Adjustment Is Limited To Issues Considered By The Board of Adjustment, and (2) A.R.S. § 9-462.06(K) Is A Statutory Special Action And Does Not Permit The Court To Issue A Writ of Mandamus.

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Jun
13
2012

AZ Central Article (6/12/2012)

Senate confirms Arizona Justice Andrew Hurwitz to 9th Circuit.

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Jun
11
2012

American Family Mutual Insurance Company v. Sharp (5/31/2012)

Arizona Supreme Court Holds That a Liability Claim Against Insurance Policy Does Not Bar Underinsured Motorist Claim Against Spouse’s Separate Policy.

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Jun
11
2012

Baseline Financial Services v. Madison (6/5/2012)

Arizona Court of Appeals Division One Holds That a Claim Accrues under an Installment Contract with an Optional Acceleration Clause When the Creditor Takes an Affirmative Action to Make Clear to the Debtor That It Has Exercised the Acceleration Option.

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Jun
5
2012

Hackworth v. Industrial Commission of Arizona (5/7/2012)

Arizona Court of Appeals Division Two Holds That Equivocal Medical Expert Testimony Is Not Competent Evidence to Support the Denial of a Workers’ Compensation Award.

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Jun
5
2012

Hogan v. Washington Mutual Bank, N.A. (5/18/2012)

Arizona Supreme Court Holds That a Trustee May Foreclose on a Deed of Trust Without the Beneficiary First Having to Show Ownership of the Note That the Deed Secures.

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May
31
2012

Cal X-tra v. W.V.S.V. Holdings L.L.C. (4/24/2012)

Arizona Court of Appeals Division One Holds That (1) Relief from a Judgment Obtained by Extrinsic Fraud Is Appropriate under Rule 60(c) and (2) A.R.S. § 29-833(A) Does Not Permit an Award of Attorneys’ Fees in Favor of a Derivative Plaintiff Against Its Opponent in That Litigation.

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May
31
2012

Grubb v. Do It Best Corporation (5/14/2012)

Arizona Court of Appeals Division Two Holds That A Cooperative Does Not Qualify as a Seller for Purposes of Product Liability When a Member Store Orders the Product Directly From the Vendor in a Drop-Ship Order, But the Vendor Sends the Bill to the Cooperative.

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May
30
2012

Castle v. Barrett-Jackson Auction Company, LLC (5/10/2012)

Arizona Court of Appeals Division One Holds that the Purchaser of a Vehicle at Auction Failed to State a Claim for Consumer Fraud Where the Bidder Agreement He Signed Disclaimed that the Auctioneer Made Any Representations Concerning Any Auction Vehicle.

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May
30
2012

In re U.S. Currency in the Amount of $2,390 (5/23/2012)

Arizona Court of Appeals Division Two Holds That The Mere Fact That Currency Subject To Forfeiture Was Located In A Vehicle Does Not Obligate The State To Provide Notice Of The Pending Forfeiture To The Vehicle’s Owner.

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May
29
2012

City of Sierra Vista v. Sierra Vista Wards System Voting Project (5/14/2012)

Arizona Court of Appeals Division Two Holds That (1) A.R.S. §§ 16- 918(C) and 16-924(B) Authorize A Single Civil Penalty For the Failure to File a Campaign Finance Report.

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May
29
2012

Metzler v. BCI Coca-Cola Bottling Company of Los Angeles, Inc. (5/11/2012)

Arizona Court of Appeals Division Two Holds That Prejudgment Interest under Rule 68(g) Is Calculated from the Date of the Offer of Judgment Until the Date of the Final Judgment Entered in the Case After Any Motion for New Trial or Appeal.

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May
22
2012

State ex rel. Horne v. AutoZone, Inc. (5/15/2012)

Arizona Supreme Court Holds That (1) When the State Alleges Multiple Violations of A.R.S. § 41-2081 as the Basis for a Consumer Fraud Act Claim, a Jury May Determine That Either the “Act Clause” or the “Omission Clause” of A.R.S. § 44-1522(A) Applies; (2) A.R.S. § 44-1582(A)(1) Does Not Authorize Disgorgement to the State for Violations of the Consumer Fraud Act.

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May
21
2012

Desarrollo Immobiliario y Negocios Industriales de Alta Technologia de Hermosillo, S.A. de C.V. v. Kader Holdings Co., Ltd. (4/16/2012)

Arizona Court of Appeals Division Two Holds That a Guarantee Need Not Contain an Express Agreement Regarding Forum Selection for a Guarantor to be Subjected to a Particular Forum and That Arizona Courts do Not Inquire Into Convenience or the State’s Interest in the Lawsuit When Examining a Forum Selection Clause’s Reasonableness.

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May
15
2012

Long v. Olen (5/3/2012)

Arizona Court of Appeals Division One Holds That the Ex Parte Communication Between Trial Court and a Party’s Counsel Did Not Warrant a New Trial Because There Was No Reasonable Probability That the Opposing Party was Prejudiced as a Result of the Ex Parte Communications.

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May
14
2012

Kimicata v. McGee (5/10/2012)

Arizona Court of Appeals Division One Holds That A Court May Award Attorneys’ Fees In Connection With Proceedings To Modify, Quash, Or Continue An Injunction Against Harassment.

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May
11
2012

BMO Harris Bank National Association v. Hon. Bluff ex rel. Myers (5/3/2012)

Arizona Court of Appeals Division One Holds A Party Cannot Be Held In Civil Contempt For Expressing Intent To Violate A Court Order in the Future

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May
9
2012

Alosi v. Hewitt (5/3/2012)

Arizona Court of Appeals Division One Holds That the Family Purpose Doctrine Does Not Apply to Married or Unmarried Couples, or When the Driver Is an Independent Adult.

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May
9
2012

Walsh v. Advanced Cardiac Specialists Chartered (4/13/2012)

Arizona Supreme Court Holds That a Jury May Award Zero Damages, Despite Uncontroverted Testimony That Plaintiffs Suffered Damages, if It Deems That Amount Fair and Just, but That a Trial Court May Grant a New Trial if It Determines the Award is Insufficient or Not Justified by the Evidence.

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May
8
2012

Nardelli v. Metropolitan Group Property and Casualty Ins. Co. (5/1/2012)

Arizona Court of Appeals Division One Affirms Jury Verdict Against Insurer For Bad Faith Claims Adjustment, and Holds That Due Process Requires a 1:1 Ratio Among Punitive and Compensatory Damages In Particular Circumstances.

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May
8
2012

Pain Management Clinic v. Preese (4/19/2012)

Arizona Court of Appeals Division One Holds That Releasing a Statutory Lien Does Not Automatically Waive the Lienholder’s Right to Demand Payment on the Underlying Debt.

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May
8
2012

Arpaio v. Braillard (4/30/2012)

Arizona Court of Appeals Division Two Holds That A Defendant Subject To a Punitive Damages Claim Is Not Required To Gather Or Produce Financial Information Until the Court Finds That the Plaintiff Has Made a Prima Facie Case In Support Of Punitive Damages.

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May
7
2012

Van Heeswyk v. Jabiru Aircraft Pty., Ltd. (4/24/2012)

Arizona Court of Appeals Division Two Holds That Arizona Courts Have Personal Jurisdiction Over Manufacturer That Contracts With Distributors to Sell Its Products in Arizona.

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May
7
2012

BT Capital, LLC v. TD Service Company of Arizona (5/4/2012)

Arizona Supreme Court Holds That Appellant’s Failure to Enjoin Trustee’s Sale Conducted After Filing of Notice of Appeal Renders Moot Appellant’s Case Seeking Title to Property.

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Apr
27
2012

Arizona Independent Redistricting Commission v. Brewer (4/20/2012)

The Arizona Supreme Court Holds That The Governor's Removal Of The Chairperson Of The Independent Redistricting Commission Was Unconstitutional.

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Apr
27
2012

Hall v. Read Development, Inc. (4/12/2012)

Arizona Court of Appeals Division One Holds That Comparing the “Judgment Finally Obtained” Under A.R.S. § 12-341.01(A) to a Settlement Offer Should Involve Only Those Reasonable Fees and Costs Incurred as of the Date the Offer Was Made.

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Apr
25
2012

Arizona Supreme Court Minutes (4/24/2012)

The Arizona Supreme Court issued its minutes, and granted review in 1 case.

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Apr
23
2012

Delci v. Gutierrez Trucking Company (4/19/2012)

Arizona Court of Appeals Division One Holds that a Vehicle Owner Generally Owes No Duty to Protect Third Parties From the Risk of Harm Caused by an Unrelated Third Party Who Takes and Drives the Vehicle Without Permission.

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Apr
20
2012

Pounders v. Enserch E&C, Inc. (4/17/2012)

Arizona Court of Appeals Division One Holds That in a Wrongful Death Action, the Law of the State Where the Injury Occurred Applies Even if a Disease Develops and Manifests Itself in a Different State.

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Apr
17
2012

In re the Estate of Frances B Lewis (3/29/2012)

Arizona Court of Appeals Division Two Holds That a Trial Court Cannot Dismiss a Party’s Claims for Failure to Make a Court-Ordered Appearance at a Pretrial Conference Absent Willful or Deliberate Disregard.

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Apr
11
2012

D’Amico v. Structural I Company (4/3/2012)

Arizona Court of Appeals Division One Holds that the Psychologist-Patient Privilege Belongs Personally to the Patient and May Not Be Asserted by Other Parties and that Awards of Treble Damages Under A.R.S. § 23-355(A) Are Left to the Discretion of the Superior Court.

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Apr
11
2012

Gold v. Helvetica Servicing, Inc. (4/3/2012)

Arizona Court of Appeals Division One Holds That (1) A.R.S. § 12-1566(C) Eliminates All Rights of Redemption When Any Debtor Applies for A Fair Market Value Determination.

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Apr
3
2012

Amanti Electric, Inc. v. Engineered Structures, Inc. (3/28/2012)

Arizona Court of Appeals Division Two Holds That Superior Court Abused Its Discretion in Denying Motion for Relief from Judgment Under Rule of Civil Procedure 60(c)(6) Without Considering the Totality of the Equitable Circumstances.

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Apr
2
2012

Best v. Miranda (3/15/2012)

Arizona Court of Appeals Division One Holds that Courts Will Narrowly Construe Option Contracts and that the Duty of Good Faith and Fair Dealing Does Not Require a Party to Accept an Attempt to Exercise an Option Contract that Fails to Comply With the Terms of the Contract.

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Mar
29
2012

Thomas v. Montelucia Villas, LLC (3/27/2012)

Arizona Court of Appeals Division One Holds That a Non-Breaching Party Does Not Have to Prove That It Was Able and Willing to Perform a Contract Anticipatorily Repudiated by the Other Party, Unless It Seeks Damages for the Anticipatory Repudiation.

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Mar
28
2012

BAC Home Loans Servicing, LP v. Semper Investments, LLC (3/22/2012)

Arizona Court of Appeals Divison Two Holds That An Intervening Lienholder Is Not Prejudiced By Equitable Subrogation When A Fixed-Interest-Rate Loan Subrogates A Higher-Priority Earlier Loan With Variable Rates, So Long As The Fixed Rate Is Within The Range of The Variable Rate.

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Mar
27
2012

In re the Estate of Fred N. Kirkes (3/8/2012)

Arizona Court of Appeals Division Two Holds That the Aggregate Theory of Community Property Division is Permissible If It Does Not Result in a Fraud on the Surviving Spouse’s Interest.

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Mar
26
2012

Helvetica Servicing, Inc. v. Pasquan (3/20/2012)

Arizona Court of Appeals Division One Holds That (1) Refinancing a Loan Does Not Destroy Anti-Deficiency Protection to The Extent Proceeds Satisfy the Underlying Purchase Money Obligation, (2) Loans Used to Construct a Residence Sometimes Merit Anti-Deficiency Protection, and (3) Loans Used for Non-Purchase Money Purposes May be Traced, Segregated, and Recovered in a Deficiency Action.

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Mar
26
2012

Hess v. Purcell (3/22/2012)

Arizona Court of Appeals Division One Holds That Litigant Who Has Partial Success in Suit Against Maricopa County Is Entitled to Attorneys’ Fees and Expenses

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Mar
26
2012

Assyia v. State Farm Mut. Auto. Ins. Co. (3/22/2012)

Arizona Court of Appeals Division One Holds That Action Against Insurer for Payment of Uninsured Motorist Benefits Arises Out of a Contract for Purposes of Attorneys’ Fee Award Under A.R.S. § 12-341.01.

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Mar
21
2012

Arizona Supreme Court Minutes (3/21/2012)

The Arizona Supreme Court issued its minutes, and granted review in 2 cases.

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Mar
14
2012

KAZ Construction, Inc. v. Newport Equity Partners (3/2/2012)

Arizona Court of Appeals Division Two Holds That the Specific Terms of a Land Trust Limit the General Rule that a Beneficiary May Encumber a Property and That a Mechanic’s Lien Claimant Must Provide Written Twenty Day Notice to a Reputed Construction Lender Holding an Invalid Recorded Deed of Trust.

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Mar
12
2012

The Salvation Army v. Bryson (Bennett) (3/2/2012)

Arizona Court of Appeals Division Two Holds That Superior Court Judge Abused His Discretion in Requiring Disclosure of Privileged Summaries of Interviews with Organization’s Employees.

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Mar
7
2012

Southwest Gas Corp. v. Irwin (2/29/2012)

Arizona Court of Appeals Division Two Holds That an Appeal of a Rule 54(b) Judgment Entered in Favor of One Defendant Does Not Divest the Trial Court of Jurisdiction Over Claims Against the Remaining Defendants.

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Mar
7
2012

Baker v. University Physicians Healthcare (2/22/2012)

Arizona Court of Appeals Division Two Holds That A “Specialty” Under A.R.S. § 12-2604(A)(1), The Statute Regulating Expert Witnesses In Medical Malpractice Cases, Means One of the Twenty-Four Specialty Boards Established By the American Board of Medical Specialties, and Does Not Refer to Subspecialties.

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Mar
6
2012

Anderson v. Valley Union High School, District #22 (2/16/2012)

Arizona Court of Appeals Division Two Holds That Court of Appeals Lacks Jurisdiction to Review Superior Court Decision on Appeal From Disciplinary Action of School District Governing Board.

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Mar
6
2012

Santee v. Mesa Airlines, Inc. (2/28/2012)

Arizona Court of Appeals Division Two Holds that Notice of Appeal Is Premature and Invalid When Filed After the Entry of a Signed Minute Entry Order Dismissing Complaint But Before Court Enters Final Judgment Following a Rule 68(g) Motion.

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Mar
6
2012

Hendricks v. Arizona Department of Economic Security (2/16/2012)

Arizona Court of Appeals Division One Holds That the Arizona Department of Economic Security Failed to Provide a Benefits Recipient With Adequate Notice Concerning the Basis for Its Contention That the Recipient Received a Cash Assistance Overpayment.

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Mar
1
2012

Alliance Trutrus, LLC v. Carlson Real Estate Co. (2/28/2012)

Arizona Court of Appeals Division One Holds That A.R.S. § 33-1004(D)(2) Does Not Extend Time For Lien Claimants To File Suit on A Lien.

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Feb
29
2012

Cosper v. Mora (2/6/2012)

Arizona Supreme Court Holds That The List of Witnesses and Exhibits Required by Arizona Rule of Civil Procedure 77(g)(1) Can Only Be Supplemented For Good Cause Under Rule 77(g)(4).

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Feb
28
2012

Bonito Partners, LLC v City of Flagstaff (2/21/2012)

Arizona Court of Appeals Division One Holds that Courts in Takings Clause Cases Must First Examine the Government Action at Issue Under the Due Process Clause Before Undertaking a Takings Clause Analysis and Also Holds That a City Ordinance Requiring Private Owners to Pay for Repairs to Sidewalks Abutting their Property Is a Valid Exercise of Police Power and is Not an Unconstitutional “Special Tax” or “Local or Special Law,” and that Arizona Statutes Give Cities the Authority to Enact Such Ordinances

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Feb
28
2012

Nunez v. Professional Transit Management of Tucson, Inc. (2/23/2012)

Arizona Supreme Court Holds That Common Carrier Has the Duty to Exercise Only Reasonable Care, Not the Highest Degree of Care Practicable Under the Circumstances.

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Feb
28
2012

Saldate v. Montgomery (1/31/2012)

Arizona Court of Appeals Division One Holds That a Tie Vote by a Quorum of the Maricopa County Employee Merit System Commission Renders that Administrative Decision Without Force and Effect.

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Feb
28
2012

News Release (2/28/2012)

NOMINEES FOR DIVISION ONE OF THE ARIZONA COURT OF APPEALS ANNOUNCED.

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Feb
21
2012

Murphy Farrell Development, LLLP v. Sourant (2/16/2012)

Arizona Court of Appeals Division One Holds That (1) a Trial Court Does Not Err in Failing to Impose a Constructive Trust on Property When There Is No Connection Between the Defendant’s Breach of an Agreement and the Defendant’s Acquisition of Rights to the Property, and (2) a Trial Court Does Not Have Discretion to Refuse to Award Attorneys’ Fees to a “Prevailing Party” in Litigation When a Mandatory Contract Provision Applies.

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Feb
20
2012

Higginbotham v. AN Motors of Scottsdale (2/2/2012)

Arizona Court of Appeals Division One Holds that in a Vicarious Liability Negligence Action Against an Employer, an Employee Running a Personal Errand or Taking a Refreshment Break During Work Hours Is Not as a Matter of Law Outside the Scope of Employment.

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Feb
13
2012

BYS Inc., v. Salah Smoudi dba Me Too Me Too (2/9/2012)

Arizona Court of Appeals Division One Applies Hearing and Notice Requirements to Motion for Default Judgment in Sum Certain Cases.

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Feb
13
2012

Sedona Grand, LLC v. City of Sedona (2/7/2012)

Arizona Court of Appeals Division One Holds That Municipality’s Declared Purpose in Passing Ordinance Is Not Dispositive as to Whether the Law Falls Within the “Health and Safety” Exemption of Arizona Private Property Rights Protection Act.

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Feb
13
2012

In the matter of Estate of King (2/7/2012)

Arizona Court of Appeals Division One Holds That Life Insurance Proceeds Paid to a Decedent’s Beneficiary are Exempt From Claims of Creditors of Decedent’s Estate Pursuant to A.R.S. § 20-1131(A) and That This Statutory Protection Can Only Be Waived Through Clear, Effective Language.

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Feb
13
2012

Democratic Party of Pima County v. Ford (1/27/2012)

Arizona Court of Appeals Division Two Holds That a Trial Court Has Broad Discretion Under A.R.S. § 39-121.02(B) to Award Attorneys’ Fees to a Party Who Seeks Public Records and Substantially Prevails.

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Feb
7
2012

News Release (2/7/2012)

Public Asked for Input on Candidates for Arizona Court of Appeals.

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Feb
1
2012

News Release (2/1/2012)

10 Applicants Being Considered for Arizona Court of Appeals.

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Jan
31
2012

Benkendorf v. Advanced Cardiac Specialists Chartered (1/24/2012)

Arizona Court of Appeals Division One Holds That an Expert Witness Called by the Defense to Testify About Causation in a Medical Malpractice Case May Testify About “Possible” Causes of the Plaintiff’s Injury.

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Jan
31
2012

AZ Central Article (1/30/2012)

Former Arizona Justice Michael Ryan Died Last Night.

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Jan
30
2012

Dayka & Hackett, LLC v. Del Monte Fresh Produce N.A., Inc. (1/25/2012)

Arizona Court of Appeals Division Two Holds That for Purposes of Determining the Priority of Security Interests in Collateral Under A.R.S. § 47-9307(B)-(C), a Debtor Is Located in Washington, D.C. if the Debtor Resides in a Jurisdiction That Does Not Generally Require the Recording of Security Interests in Order to Obtain Priority over Lien Creditors.

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Jan
23
2012

BNSF Railway Co. v. Buttrick (12/29/2011)

Arizona Court of Appeals Division One Holds That a Trial Court Exceeded Its Jurisdiction by Granting a Rule 26(c) Protective Order Denying Employer Access to CBA-Required Notices Concerning Injured Employee’s Medical Status.

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Jan
19
2012

Colorado Casualty Insurance Company v. Safety Control Company, Inc. (1/5/2012)

Arizona Court of Appeals Division One Holds that Defendant May Enter a Damron Settlement Agreement, Assigning Defendant’s Rights Against Primary Insurer, Notwithstanding Defense of Defendant by Excess Insurer.

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Jan
18
2012

Judge Johnsen Elected Vice Chief Judge (1/18/2012)

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Jan
17
2012

Goodman v. Physical Resource Engineering, Inc. (12/28/2011)

Arizona Court of Appeals Division Two Holds, inter alia, That (1) a Parties’ Prior Course of Dealing Alone Does Not Create an Implied Contract; and (2) an Agency Relationship Between a Developer and General Contractor Is Not Implied and Must Be Supported by Evidence Establishing Such a Fiduciary Relationship Between Parties.

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Jan
6
2012

BNSF Railway Company v. Arizona Corporation Commission (1/3/2012)

Arizona Court of Appeals Division One Affirms Arizona Corporation Commission’s Authority over Installation of Horns at Railroad Crossings As Not Preempted by Federal Regulation.

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Jan
6
2012

The Best Choice Fund, LLC v. Low & Childers, PC (12/20/2011)

Arizona Court of Appeals Division One Holds that Rules Regarding the Accrual of Legal Malpractice Claims During Litigation Are Not Applicable Outside of the Litigation Context and Refuses to Decide Whether to Adopt the Continuous Representation Rule in Arizona.

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Jan
4
2012

M&I Bank v. Mueller (12/27/2011)

Arizona Court of Appeals Division One Holds That A.R.S. § 33-814(G) Provides Anti-Deficiency Protection to Property Owners Whose Home is Under Construction at the Time of the Foreclosure and Trustee Sale So Long As the Owners Intended to Occupy the Home Upon Its Completion.

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Jan
3
2012

Judicial Watch, Inc. v. City of Phoenix (12/22/2011)

Arizona Court of Appeals Division One Holds That Mayor’s Personal Privacy Interest Do Not Outweigh Public’s Interest In Disclosure of Public Records Because The City Failed To Show Specifically How Particular Disclosures Would Compromise the Mayor’s Privacy Interest.

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