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

AZAPP Blog - 2013

Dec
18
2013

Rash v. Town of Mammoth (12/13/2013)

Arizona Court of Appeals Division Two Holds That Rule 7, Arizona Rules of Procedure for Special Actions, Does Not Apply to Statutory Special Actions filed in Superior Court, and Thus ARCAP 9(a)’s Time Limit for Filing an Appeal Also Does Not Apply.

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Dec
4
2013

Drew v. Prescott Unified School District (11/26/2013)

Arizona Court of Appeals Division One Holds That, To Comply With A.R.S. § 12-821.01, a Claimant’s Settlement Offer Must Remain Open for Sixty Days Unless the Public Entity or Employee Denies the Claim Before the Sixty-Day Period Expires.

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Dec
4
2013

Parker v. City of Tucson (11/19/2013)

Arizona Court of Appeals Division Two Holds That Petition Circulators Convicted of a Felony are Not Eligible Unless Their Civil Rights Have Been Restored, That Several Circulators Were Ineligible Under Arizona Revised Statute § 19-114, and Therefore The Signatures Gathered by the Circulators Were Invalid.

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Dec
3
2013

WEITZ v. HETH, et al. (11/26/2013)

Arizona Court of Appeals Division One Holds That the Doctrine of Equitable Subrogation Does Not Permit a Court to Reorder the Priority Given to Mechanic’s Liens by Statute.

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Dec
2
2013

Yanni v. Tucker Plumbing, Inc (11/20/2013)

Arizona Court of Appeals Division Two Holds That Homeowner May Not Sue Subcontractor for Breach of the Implied Warranty of Workmanship and Habitability Unless Homeowner Has Contractual Privity with Subcontractor.

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Nov
18
2013

Jamerson v. Quintero (11/7/2013)

Arizona Court of Appeals Division One Holds that Settlement of Tort Claim Against Principal Does Not Exonerate Agent.

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Oct
31
2013

Orca Communications Unlimited, LLC v. Noder (10/17/2013)

Arizona Court of Appeals Division One Holds That (1) Confidentiality, Non-Compete, and Customer Non-Solicitation Covenants That Are Overbroad in Scope Are Unenforceable, (2) the Duty of Good Faith and Fair Dealing Prohibits an Employee from Competing with Her Employer While Still Employed, (3) the Arizona Uniform Trade Secrets Act Does Not Preempt Tort Claims Regarding Misuse of Confidential Information That Does Not Rise to the Level of a Trade Secret, and (4) an Agreement to a Sales Price and a Representation That the Seller Would Ask Her Attorney to Draft a Purchase Contract Was Not Sufficient to Sustain a Claim for Promissory Fraud.

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Oct
30
2013

Arizona Citizens Clean Elections Commission v. Brain (10/24/2013)

Arizona Court of Appeals Division One Holds That HB 2593 Does Not Affect the Contribution Limits for State and Legislative Candidates Set by the Citizens Clean Elections Act and Grants Preliminary Injunctive Relief Requiring Enforcement of Previous Limits.

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Oct
30
2013

Rogers v. Board of Regents of the University of Arizona (10/1/2013)

Arizona Court of Appeals Division Two Holds that the Statute of Limitations Applies to Quiet Title Actions Where the Parties Contest Possession.

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Oct
28
2013

Niehaus v. Huppenthal (10/1/2013)

Arizona Court of Appeals Division One Holds that the Arizona Empowerment Scholarship Accounts Program Does Not Violate the Religion or Aid Clause of the Arizona Constitution.

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Oct
9
2013

DeLong v. Merrill (9/27/2013)

Arizona Court of Appeals Division Two Holds That a Trial Court Should Allow a Party to Respond to Requests for Admission Late if Permitting the Late Responses Will Promote Presentation of the Merits and the Party Obtaining the Admission Is Not Prejudiced.

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Oct
2
2013

Cave Creek Unified School District v. Ducey (9/26/2013)

Arizona Supreme Court Holds That Legislature’s Budget Measure Violated Voter Protection Act By Repealing or Amending Voter-Approved Statute Requiring Certain Increases to School Funding.

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Oct
1
2013

WildEarth Guardians, Inc. v. Knight (9/12/2013)

Arizona Court of Appeals Division One Holds that Statutory Procedure for Awarding State Trust Lands Grazing Lease Satisfies the Enabling Act and Arizona’s Constitution.

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Oct
1
2013

Dobson v. Arizona (9/13/2013)

Arizona Supreme Court Holds Judicial Nomination Statute Unconstitutional.

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Oct
1
2013

A. Miner Contracting, Inc. v. Toho-Tolani County Improvement District (9/19/2013)

Arizona Court of Appeals Division One Holds that Determinations of a Board of Directors of a County Improvement District Made at a Hearing Held Pursuant to A.R.S. § 48-924(D) Are Quasi-Judicial and Have Preclusive Effect.

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Sep
27
2013

Sitton v. Deutche Bank National Trust Co. (9/5/2013)

Arizona Court of Appeals Division One Holds Homeowners May Not Recover Damages or Unwind a Trustee Sale When Lender Transfer Documents Contain Immaterial Errors

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Sep
27
2013

Centennial Development Group, LLC v. Lawyer’s Title Insurance Corp. (9/19/2013)

Arizona Court of Appeals Division One Holds Negligence Claims Are Barred When Title Commitment Fails To Disclose Encumbrances

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Sep
24
2013

CSA 13-101 Loop, LLC v. Loop 101, LLC, et al. (9/10/2013)

Arizona Court of Appeals Division One Holds That Parties Cannot Contractually Waive Their Statutory Rights To A Judicial Determination Of A Property’s Fair Market Value Under A.R.S. § 33-814(A)

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Sep
24
2013

Grady v. Hon. Barth (9/19/2013)

Arizona Court of Appeals Division One Holds That Superior Court Does Not Have Discretion Under A.R.S. § 12-1182(B) To Deny A Stay Of A Forcible Entry And Detainer Judgment Pending Appeal When The Party In Possession Satisfies Statutory Requirements.

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Sep
23
2013

First Credit Union v. Courtney (9/12/2013)

Arizona Court of Appeals Division Two Holds That A Creditor May Sue a Guarantor Without A Prior Trustee’s Sale, Arizona’s Anti-Deficiency Statute Only Applies After A Trustee’s Sale Of A Qualifying Property Under A.R.S. § 33-814(G), And A Creditor May Recover a Deficiency Judgment Against A Guarantor Even When The Underlying Debt Against The Borrower Is Extinguished.

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Sep
20
2013

Rice v. Brakel (9/12/2013)

Arizona Court of Appeals Division Two Holds That When a Patient Gives Informed Consent to a Medical Procedure, the Patient May Not Assert a Claim for Medical Battery Based on the Doctor’s Failure to Disclose Information Unrelated to the Procedure.

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Sep
17
2013

Hawk v. PC Village Association, Inc. (9/3/2013)

Arizona Court of Appeals Division One Holds That A.R.S. § 33-441, which voids deed restrictions prohibiting the placement of “for sale” and “for rent” signs on real property, is constitutional under the contract clause and applies retroactively to pre-existing CC&Rs.

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Sep
16
2013

Cohen v. Lovitt & Touché, Inc. (9/6/2013)

Arizona Court of Appeals Division Two Holds that Restitution Payments May Be Insurable.

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Sep
9
2013

Kobold v. Aetna Life Ins. Co. (9/5/2013)

Arizona Court of Appeals Division One Holds That 5 U.S.C. § 8902(m)(1) of the Federal Employee Health Benefits Act Does Not Preempt Arizona Law Barring Subrogation in Personal Injury Cases.

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Sep
9
2013

Koss Corporation v. American Express Co., et al. (8/29/2013)

Arizona Court of Appeals Division One Holds That (1) Common Law Causes Of Action Are Preempted By the U.C.C. Only To The Extent That Particular Provisions of the U.C.C. Displace the Action, (2) A Conversion Action Can Be Brought Against A Third-Party Recipient Of Funds In Certain Circumstances, and (3) A Credit Card Company Has No Duty Of Disclosure To Third Parties.

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Sep
5
2013

Metzler v. BCI Coca-Cola Bottling Company of Los Angeles, Inc. (8/28/2013)

Arizona Court of Appeals Division Two Holds that Prejudgment Interest Imposed as a Sanction Pursuant to Rule 68(g) Constitutes an “Obligation” Under § 44-1201(A).

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Sep
4
2013

Gilbert Tuscany Lender, LLC v. Wells Fargo Bank (8/29/2013)

Arizona Court of Appeals Division One Holds That A Bank Does Not Owe a Duty of Care to Non-Customers

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Sep
4
2013

The Sun Valley Group, Inc. v. Mallet (8/22/2013)

Arizona Court of Appeals Division One Holds Fiduciary Fees and Costs May Not Be Reduced Solely Because Protected Person Cannot Afford To Pay.

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Sep
3
2013

Wyckoff v. Mogollon Health Alliance (8/23/2013)

Arizona Court of Appeals Division Two Holds That a Cause Of Action for Exposure to Toxic Mold Begins to Accrue When the Claimant Experiences Physical Signs and Symptoms of Illness, Knows That She Has Been Exposed to Mold, and Knows That Mold May Present a Health Hazard.

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Sep
3
2013

Pounders v. Enserch E&C, Inc., et al (8/21/2013)

Arizona Supreme Court Holds that a Wrongful Death Claim Based on Exposure to Asbestos in New Mexico, Which Resulted in Mesothelioma Diagnosed Thirty Years Later in Arizona, is Subject to the Substantive Law of New Mexico.

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Sep
3
2013

Peterson v. Fenztlaff (8/27/2013)

Arizona Court of Appeals Division One Holds That A Final Judgment Entered In Small Claims Court May Preclude A Subsequent Suit In Superior Court That Is Based Upon The Same Facts.

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Sep
3
2013

Wyatt v. Vanguard (7/30/2013)

Arizona Court of Appeals Division One Holds That the Adult Protective Services Act Applies To Acute Care Hospitals.

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Sep
3
2013

Read v. Keyfauver (8/27/2013)

Arizona Court of Appeals Division One Holds That the Firefighter’s Rule Does Not Apply to an Public Safety Professional Who Acts Beyond the Scope of His Required Employment Duties While At an Accident Scene As Part of His On-Duty Obligations.

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Sep
3
2013

Berryhill v. Industrial Commission of Arizona (8/30/2013)

Arizona Court of Appeals Division One Holds that Wages from New Second Job Should Be Considered in Workers’ Compensation Claim

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Aug
28
2013

Sullivan v. Pulte Home Corp. (7/31/2013)

Arizona Supreme Court Holds That Economic Loss Doctrine Does Not Extend to Non-Contracting Parties.

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Aug
27
2013

Stauffer v. U.S. Bank National Association (8/20/2013)

Arizona Court of Appeals Divison One Holds That Recorded Documents That Assert an Interest in Real Property, Such As a Notice of Trustee Sale, Are Subject to Arizona’s Groundless Lien Statute, A.R.S. § 33-420.

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Aug
27
2013

Sanchez v. Gama (8/20/2013)

Arizona Court of Appeals Division One Holds That a Treating Physician’s Testimony Regarding Diagnosis, Treatment, and Prognosis of His or Her Patient is Not Expert Testimony Simply Because It Draws Upon the Physician’s Skill or Training.

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Aug
26
2013

Henderson-Jones v. Indus. Comm’n of Ariz. (8/22/2013)

Arizona Court of Appeals Division One Holds That a Worker’s Compensation Claimant Is a Volunteer Rather than an Employee, and Thus Is Not Eligible for Benefits, if the Claimant Does Not Receive Payment as Remuneration and Instead Only Receives Reimbursements and a Stipend to Facilitate the Claimant’s Volunteer Work.

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Aug
21
2013

Balestreiri v. Balestreiri (7/16/2013)

Arizona Court of Appeals Division One Holds That a Defendant Who Files a Motion to Dismiss in Lieu of an Answer Forfeits His Claim For Attorney’s Fees Unless He Requests Fees in the Motion to Dismiss.

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Aug
21
2013

Lund v. Meyers (7/16/2013)

Arizona Supreme Court holds that Trial Court Must Try to Resolve Privilege Claims without Reviewing Inadvertently Disclosed Documents before Reviewing them.

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Aug
5
2013

Clark v. Renaissance West, LLC (7/30/2013)

Arizona Court of Appeals Division One Holds that Arbitration Agreement Is Substantively Unconscionable Because Cost to Arbitrate Is Prohibitively High.

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Aug
1
2013

TP Racing, L.L.L.P. v. Simms (7/25/2013)

Arizona Court of Appeals Division One Holds That Arizona’s Limited Partnership Act Does Not Require Automatic Removal of a General Partner from a Limited Partnership When a Legally Defective Proceeding for Dissolution Remains Pending Against the General Partner for More Than 120 Days.

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Aug
1
2013

Stagecoach Trails MHC, LLC v. Benson (7/19/2013)

Arizona Court of Appeals Division Two Holds that a Mobile Home Park in its Entirety is Entitled to Non-Conforming-Use Status Under A.R.S. § 9-462.02(A).

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Jul
23
2013

RSP Architects, Ltd. v. Five Star Develop. Resort Cmtys., et al. (7/16/2013)

Arizona Court of Appeals Division One Holds That The Arizona Prompt Payment Act – Arizona Revised Statutes §§ 32-1129 et seq. – Does Not Apply To a Contract For Architectural Services.

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Jul
1
2013

Alpha, LLC v. Dartt (6/27/2013)

Arizona Court of Appeals Division One Holds that Towing Company Had No Constitutionally Protected Property Interest to Remain on Police Towing Rotation List

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Jun
24
2013

Parkway Bank and Trust Co. v. Zivkovic (6/13/2013)

Arizona Court of Appeals Division OneHolds That Borrowers May Not Prospectively Waive Statutory Anti-Deficiency Protections.

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Jun
21
2013

Melendez v. Hallmark Ins. Co. (6/11/2013)

Arizona Court of Appeals Division One Holds That a Form Offering Uninsured and Underinsured Motorist Coverage Under A.R.S. § 20 259.01 Must Include Information About Any Premium for Such Coverage, and Must Offer to Create a Binding Contract if Coverage Is Accepted.

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Jun
17
2013

Thomas v. Montelucia Villas, LLC (6/14/2013)

Arizona Supreme Court Holds That Any Party Seeking To Retain Damages for the Anticipatory Repudiation of a Contract Must Prove That It Was Ready, Willing, and Able To Perform Under the Contract.

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Jun
17
2013

Cook vs. Pinetop-Lakeside (5/28/2013)

Arizona Court of Appeals Division One Holds that the Statute of Limitations in Quiet Title Actions under Section 12-821 Does Not Accrue “At Least as Long as the Owner Maintains Undisturbed Possession of the Property.”

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Jun
3
2013

Hamm v. Ryan (5/28/2013)

ArizonaCourt of Appeals Division One Holds That Arizona Revised Statute § 41-1604(B)(3) is Constitutional.

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May
31
2013

News Release (5/31/2013)

Six Applicants Being Considered for Arizona Court of Appeals

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May
30
2013

State v. Anthony (5/21/2013)

Arizona Court of Appeals Division One Holds that Criminal Forfeiture is Proper when Claimant Files Untimely Answer

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May
30
2013

Mendota v. Gallegos (5/7/2013)

Arizona Court of Appeals Division One Holds that for the Purposes of an Insurance Policy, a “Household” Is Evaluated Based upon the Totality of the Circumstances.

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May
29
2013

Phoenix v. Garretson (5/7/2013)

Arizona Court of Appeals Division One Holds that When the Government Eliminates a Property Owner’s Established Access to an Abutting Street and the Owner Retains Access from Another Street, the Owner is Not Necessarily Foreclosed from Obtaining Compensation for Damages to the Property.

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May
28
2013

Balestrieri v. Balestrieri (5/9/2013)

Arizona Court of Appeals Division One Holds That A Defendant Forfeits His Claim For Attorney’s Fees If He Makes No Request For Fees In A Successful Rule 12(b) Motion.

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May
28
2013

Delo v. GMAC Mortgage, LLC (5/8/2013)

Arizona Court of Appeals Division Two Holds that Foreclosure Action Must Name All Parties with Interests in the Property.

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May
21
2013

Michael Cooke v. Arizona Department of Economic Security (5/14/2013)

Arizona Court of Appeals Division One Holds That Statute Defining Cognitive Disability Trumps Division of Developmental Disabilities’ Interpretation of the Statute.

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May
16
2013

Calisi v. Unified Financial Services, LLC (4/11/2013)

Arizona Court of Appeals Division One Holds that a Business’s Customer List Is Not a Trade Secret Where the Business Has Not Shown that the List Contains Unique and Original Information, that the Business Invested Substantial Time and Effort to Acquire the Information, or that the Business Treated the List as Secret.

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May
13
2013

Western States Petrol., Inc. v. Arizona Dep’t of Envtl. Quality (5/7/2013)

Arizona Court of Appeals Division One Holds That Separate Insurance Coverage is a Prerequisite to Additional State Assurance Fund Coverage.

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May
8
2013

Bulk Transp. v. Indus. Comm’n of Ariz. (5/7/2013)

Arizona Court of Appeals Division One Holds That a Neck Scar Is Compensable Under A.R.S. § 23-1044(B)(22), Which Covers “Permanent Disfigurement About the Head or Face.”

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Apr
30
2013

Thiele v. City of Phoenix (4/2/2013)

Arizona Court of Appeals Division One Holds That Arizona Rule of Civil Procedure 67(d), Which Requires a Trial Court to Order a Plaintiff to Provide Security for Costs on a Showing That He Does Not Own Property Within the State That Could Satisfy the Defendant’s Claim for Costs in the Litigation, Is Facially Constitutional Because the Requirement May Be Waived Based on the Plaintiff’s Inability to Post Bond.

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Apr
29
2013

Beverage v. Pullman & Comley, LLC (4/25/2013)

Arizona Court of Appeals Division One Holds that Arizona may exert Personal Jurisdiction over an Out-of-State Law Firm that Issues an Opinion Letter to an Arizona Resident Regarding Federal Law

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Apr
29
2013

Special Fund Division v. Industrial Commission of Arizona (4/18/2013)

Arizona Court of Appeals Division One Holds that Congenital Condition Does Not Qualify as Amputation for Purposes of Disability Apportionment.

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Apr
2
2013

Shaw v. CTVT Motors, Inc. (3/28/2013)

Arizona Court of Appeals Division One Holds the Economic Loss Rule Does Not Apply to Cases Brought Under the Arizona Consumer Fraud Act.

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Apr
1
2013

In re Estate of Kirkes (3/1/2013)

Arizona Supreme Court Holds That a Deceased Spouse May Leave More Than One-Half of a Community-Owned Retirement Account to a Non-Spouse Beneficiary as Long as the Surviving Spouse Receives at Least One-Half of the Community’s Total Value.

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Apr
1
2013

Kahn v. Ariz. Medical Board (3/26/2013)

Arizona Court of Appeals Division One Holds that A.R.S. § 12-2604(A) Is Inapplicable to Board Disciplinary Proceedings.

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Apr
1
2013

Summers Group, Inc. v. Tempe Mechanical (3/19/2013)

Arizona Court of Appeals Divison One Holds That A Fee Award Against Mechanics’ Lien Claimants Must Be Apportioned Among All Lien Claimants That Have Asserted Their Lien Rights.

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Mar
29
2013

Blankenbaker v. Marks (3/28/2013)

Arizona Court of Appeals Division One Holds That Mandamus Is Not Available to Compel the Director of the Arizona Department of Insurance to Enforce A.R.S. § 20-461(B), a Statute Prohibiting Discrimination Between Different Types of Physicians, Because Enforcement of That Statute Is Discretionary.

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Mar
25
2013

Robert Baker v. University Physicians Healthcare, et al. (3/12/2013)

Arizona Supreme Court Holds That in Medical Malpractice Cases, an Expert’s "Specialty" Under ARS § 12-2604 May Be a Subspeciality if the Expert Spends a Majority of His or Her Time Practicing or Teaching in That Specialty.

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Mar
25
2013

Stagecoach Trails MHC, L.L.C. v. City of Benson (3/5/2013)

Arizona Supreme Court Holds That A Party Is Not Required to Exhaust Available Administrative Remedies Before Appealing to the Superior Court When The Pursuit of Administrative Remedies Would Be Futile.

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Mar
18
2013

Mackinney v. City of Tuscon (3/13/2013)

Arizona Court of Appeals Division Two Holds That The Term “Premises” Under Arizona’s Recreational Use Statute, A.R.S. § 33-1551, Includes a Golf Course.

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Mar
11
2013

Baker v. Bradley et al. (3/5/2013)

Arizona Court of Appeals Division One Holds that it may Exercise Jurisdiction over a Premature Appeal unless Substantive Motions or Issues Await Determination.

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Mar
8
2013

James C. Sell v. The Honorable J. Richard Gama, et al. (2/22/2013)

Arizona Supreme Court Holds That There Is No Cause of Action for Aiding And Abetting Under the Arizona Securities Act, Overruling State v. Davis.

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Mar
5
2013

Prutch v. Town of Quartzsite (2/26/2013)

Arizona Court of Appeals Division One Holds That The Defense Of Laches Requires Proof of Prejudicial Delay And Unreasonable Conduct.

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Mar
5
2013

Marquez v. Ortega (2/28/2013)

Arizona Court of Appeals Division One Holds that Rule 37(c) Does Not Prevent a Trial Court From Ordering Preclusion of Evidence as a Sanction If a Trial Date has Not Been Set.

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Mar
4
2013

Jayne Friedman v. Cave Creek Unified School District No. 93 (2/28/2013)

Arizona Court of Appeals Division One Holds That Statute Authorizing Alternative Use for School Bond Proceeds Is Unconstitutional.

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Mar
4
2013

In re Estate of Riley (3/1/2013)

Arizona Supreme Court Holds That A.R.S. § 14-3952(1) Requires All Beneficiaries to Execute a Settlement Agreement if It Affects Beneficial Interests in the Estate and the Settling Parties Seek Court Approval Pursuant to A.R.S. § 14-3951.

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Feb
28
2013

Arizona State Hospital v. Klein (2/5/2013)

Arizona Court of Appeals Division One Holds That Arizona Rule of Evidence 702 Applies to Mental-Health Testimony at an Evidentiary Hearing on a Petition for Discharge Filed by a Person Committed under the Arizona Sexually Violent Persons Act.

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Feb
28
2013

Pawn 1st, LLC v. City of Phoenix (1/31/2013)

Arizona Court of Appeals Division One Holds That Any Taxpayer of a Municipality Has Standing to Challenge a Decision of the Municipality’s Legislative Body or Board in a Statutory Special Action in Superior Court under A.R.S. § 9-462.06(K).

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Feb
26
2013

Tumacacori Mission Land Development, LTD v. Union Pacific Railroad Company (1/29/2013)

Arizona Court of Appeals Division Two Holds Claim Preclusion Bars Assertion of Easement Claims That Rely on Same Facts as Original Action.

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Feb
19
2013

News Release (2/8/2013)

Governor Jan Brewer Names Appointment to Arizona Court of Appeals

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Feb
15
2013

Champlin v. Bank of America, N.A. (1/31/2013)

Arizona Court of Appeals Division Two Holds That Rule 55(a) Requires Notice To Defaulting Party Be Sent Contemporaneously With The Filing Of An Entry Of Default.

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Feb
14
2013

Reynolds v. Reynolds (1/31/2013)

Arizona Court of Appeals Division One Holds That Courts Must Determine as a Matter of Law Whether Allegedly Defamatory Material Is Capable of Bearing a Particular Meaning, and Whether That Meaning Is Defamatory.

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Feb
1
2013

State Farm Mut. Auto. Ins. Co. v. White (1/3/2013)

Arizona Court of Appeals Division One Holds that A.R.S. § 20-259.03 Does Not Bar Payment of Wrongful-Death Benefits from an Underinsured Motorist Policy to a Person Who Is Defined In the Policy as a Surviving Insured But Who Is Not a Named Insured Under the Policy.

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Jan
31
2013

Rumery v. Baier (1/9/2013)

Arizona Supreme Court Holds That A.R.S. § 37-527 Violates Article 10, Section 7(A) of the Arizona Constitution by Diverting up to Ten Percent of Certain Trust Land Proceeds to a Management Fund.

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Jan
31
2013

Brimet II, LLC v. Destiny Homes Marketing, LLC (1/8/2013)

Arizona Court of Appeals Division One Holds that the Doctrines of Replacement and Equitable Subrogation Only Exist Up to the Amount Paid to Release a Senior Lien.

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Jan
31
2013

Cave Creek Unified School District v. Doug Ducey (1/15/2013)

Arizona Court of Appeals Division One Holds that A.R.S. § 15-901.01 Requires the Legislature to Provide for Annual Inflationary Increases in Each Component of the Revenue Control Limit, Including the Base Level.

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Jan
28
2013

McMurtry v. Weatherford Hotel, Inc. (1/10/2013)

Arizona Court of Appeals Division One Holds That (1) Testimony of Premise Liability Expert Is Admissible Under Rule of Evidence 702, (2) The “Open and Obvious” Nature Of A Danger Is One Factor In Determining Negligence, and (3) Escorting A Person From Premises Does Not Necessarily Absolve Dram Shop Liability.

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Jan
28
2013

Quality Education & Jobs Supporting I-16-2012 v. Bennett (1/17/2013)

Arizona Supreme Court Finds Secretary of State’s Ballot and Voter Guide Description of Proposition 204 Sales Tax Measure Not False or Clearly Misleading.

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Jan
25
2013

Tobin v. Rea (1/17/2013)

Arizona Supreme Court Holds That Legislative Council’s Analysis of Proposition 204 Was Not Impartial.

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Jan
25
2013

Bowen Prods., Inc. v. French (1/24/2013)

Arizona Court of Appeals Division One Holds That When a Notice of Nonparty at Fault Specifically Identifies a Nonparty, and Timely Disclosures Explain the Factual Basis of the Fault, the Documents Must Be Read Together to Determine Whether the Notice Complies with Ariz. R. Civ. P. 26(b)(5).

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Jan
22
2013

Save Our Vote v. Bennett (1/7/2013)

Arizona Supreme Court Holds That Prop 121, the “Top Two” Primary Initiative, Did Not Violate the Separate Amendment Rule.

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Jan
10
2013

Bradshaw v. Jasso-Barajas (1/8/2013)

Arizona Court of Appeals Division One Holds That Courts Must Determine Whether Rule 77(f) Applies Before Imposing Rule 68(g) Sanctions.

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Jan
7
2013

Belen Loan Investors, LLC v. Bradley (12/21/2012)

Arizona Court of Appeals Division Two Holds that Appraiser May Be Liable to Third Parties for Negligent Misrepresentation Despite Provision in Appraisal Stating that Appraisal Is Not Intended to Be Relied Upon by Third Parties.

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Jan
3
2013

Wells Fargo Bank v. Allen (12/4/2012)

Arizona Court of Appeals Division One Holds that a Plaintiff Cannot Shift the Burden of Proof to the Defendant by Filing a Motion for Summary Judgment.

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Jan
3
2013

Searchtoppers.com, L.L.C. v. TrustCash LLC (12/20/2012)

Arizona Court of Appeals Division One Creates a Split with Division Two in Holding That a Party Who Has Been Defaulted in a Liquidated Damages Case for Failure to Appear Is Not Entitled to Notice and an Opportunity to Be Heard on Damages Under Arizona Rule of Civil Procedure 55(b)(2).

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Jan
3
2013

Cornerstone Hospital of Southeast Arizona, L.L.C. v. Marner ex rel Blackburn (12/7/2012)

Arizona Court of Appeals Division Two Holds That Statutory Requirements for Standard-of-Care Experts in Medical Malpractice Suits Apply to Experts in Malpractice Suits Involving Vulnerable Adults Under the Adult Protective Services Act.

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