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

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AZAPP Blog - 2021

Nov
24
2021

Purdy v. Metcalf (9/24/2021)

Arizona Court of Appeals Division Two holds that, in a vehicular wrongful death or injury case, the fact that the defendant was using a cell phone while driving at the time of the accident may support a claim for punitive damages if, along with evidence of cell phone use, there is other evidence the driver was consciously pursuing a course of conduct knowing that it creates a substantial risk of significant harm to others.

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Nov
3
2021

Prieve v. Flying Diamond Airpark, LLC (10/13/2021)

The Court of Appeals Division Two holds that deciding whether to clear all vegetation over a large area of land falls outside the “normal day to day management” of a planned community.

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Nov
3
2021

Sun City Home Owners Ass’n v. Ariz. Corp. Comm’n (10/21/2021)

Arizona Supreme Court holds decisions of the Arizona Corporation Commission are not entitled to “extreme deference.”

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Nov
3
2021

Benedict v. Total Transit, Inc. (9/9/2021)

Arizona Court of Appeals Division One holds that an ex-spouse has authority to sue on behalf of minor surviving children.

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Oct
15
2021

Walker v. Lipin (10/6/2021)

Arizona Court of Appeals Division Two holds that the deadline for renewal of judgments previously tolled are not shortened by recent amendments lengthening the statute of limitations for such actions.

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Oct
15
2021

Takieh v. O’Meara (8/10/2021)

Arizona Court of Appeals Division One holds that calling a doctor an “idiot” for missing an “obvious” diagnosis does not support a defamation claim, and that Arizona’s statute protecting the confidentiality of hospital peer-review proceedings does not require production of a privilege log.

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Oct
15
2021

ACLU v. Ariz. Dep. of Child Safety (8/25/2021)

Arizona Supreme Court holds that a party may recover attorneys’ fees in a records request suit under A.R.S. § 39-121.02 when it has “substantially prevailed” by being more successful than not in obtaining records or other relief that was contested by the opposing party before litigation.

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Oct
11
2021

New Division One panels announced (10/6/2021)

The Arizona Court of Appeals Division One released the panel assignments for January 1, 2022 through June 30, 2022.

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Oct
11
2021

Governor Ducey appoints Angela Paton to Division One, Court of Appeals (10/8/2021)

Governor Ducey appointed Angela Paton to Division One of the Arizona Court of Appeals.

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Sep
27
2021

Matthews v. Indus. Comm’n of Ariz. (7/9/2021)

Arizona Court of Appeals Division Two holds that A.R.S. § 23-1043.01(B) is not an unconstitutional limitation of compensable injuries when it provides that workers’ mental injuries must arise from an unexpected, unusual, or extraordinary situation to be compensable.

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Sep
27
2021

Welch v. Cochise Cnty. Bd. of Supervisors (9/2/2021)

Arizona Supreme Court holds that Arizona’s open meeting and conflict-of-interest statutes confer standing on claimants with an interest in preserving transparency and accountability.

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Sep
27
2021

Major v. Coleman (5/5/2021)

Arizona Court of Appeals Division Two holds that superior courts have discretion to retain ancillary jurisdiction to enforce a settlement agreement as part of a stipulation of dismissal.

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Sep
17
2021

S. Ariz. Home Builders Ass’n. v. Town of Marana (8/16/2021)

Arizona Court of Appeals Division Two holds that a municipal development fee on future development does not violate A.R.S. § 9-463.05 simply because the project happens to serve existing development as well.

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Sep
16
2021

Coleman v. Amon (8/17/2021)

Arizona Court of Appeals, Division One, holds that statute prohibiting use of medical provider’s apologetic statement as evidence is constitutional.

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Sep
16
2021

Redgrave v. Ducey (8/19/2021)

The Arizona Supreme Court holds that Arizona has not consented to damages liability for a state agency’s violation of the minimum wage or overtime provisions of the federal Fair Labor Standards Act.

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Sep
16
2021

CVS Pharmacy, Inc. v. Bostwick (9/1/2021)

Arizona Supreme Court holds the exclusive right for a hospital to recover from a third-party tortfeasor is through Arizona’s medical lien statutes and that a pharmacy does not owe a duty to a hospital for direct economic harm caused by the opioid crisis.

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Sep
16
2021

Dinsmoor v. City of Phoenix (8/6/2021)

Arizona Supreme Court holds that, in some circumstances, a school does not owe its students a duty of care after the students leave the school’s custody and control.

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Sep
16
2021

Rizzio v. Surpass Senior Living LLC (8/17/2021)

Arizona Supreme Court holds that an individual’s fee arrangement with their attorney can be considered in determining her ability to financially bear the costs of arbitration.

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Sep
8
2021

Canas v. Bay Ent., LLC (8/26/2021)

Arizona Court of Appeals, Division One, reaffirms common law right of publicity.

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Aug
26
2021

Zambrano v. M & RC II LLC (7/29/2021)

Arizona Court of Appeals, Division One holds that buyers cannot waive the implied warranty of workmanship and habitability, even by contract.

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Aug
12
2021

Maclean v. Newgioco Grp., Inc. (3/16/2021)

Arizona Court of Appeals Division One holds that Rule 55 requires plaintiffs seeking default judgment to serve known attorneys of defendants.

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Aug
12
2021

Starr v. Ariz. Bd. of Fingerprinting (8/5/2021)

Arizona Court of Appeals, Division One, holds that Arizona Board of Fingerprinting has no authority to review classifications of criminal convictions made by Department of Public Safety.

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Aug
9
2021

Turner v. Indus. Comm’n of Ariz. (7/15/2021)

Arizona Court of Appeals holds a workplace accident caused by an employee’s weakened physical condition does not create a viable workers’ compensation claim.

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Aug
9
2021

Sampson v. Surgery Ctr. of Peoria, LLC (7/30/2021)

Arizona Supreme Court holds that a jury in a medical malpractice case may not be left to infer causation without the guidance of expert testimony where the cause of death is disputed and not obvious to an ordinary person.

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Aug
9
2021

Clayton v. West (6/24/2021)

Arizona Supreme Court holds that A.R.S. § 16-341(A) applies to independent presidential electors, but not to independent presidential candidates.

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Aug
9
2021

Specialty Companies Grp., LLC v. Meritage Homes of Ariz., Inc. (8/5/2021)

Arizona Supreme Court holds that an alter-ego claim against a judgment-debtor’s parent corporation is not an action on a judgment and is bound by the limitation period applicable to the cause of action underlying the judgment.

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Aug
4
2021

BMO Harris Bank N.A. v. Espiau (7/13/2021)

Arizona Court of Appeals, Division One, holds that probate non-claim statute does not begin to run until creditor receives notice that strictly complies with A.R.S. 14-3801.

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Jul
12
2021

Governor Ducey appoints Kathryn King to the Supreme Court (7/8/2021)

Governor Ducey appointed Kathryn King to the Arizona Supreme Court.

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Jul
12
2021

Ten Applicants for Vacancy on Arizona Court of Appeals, Division One (7/7/2021)

The Commission on Appellate Court Appointments seeks public input on the ten candidates being considered to fill the vacancy on the Arizona Court of Appeals, Division One, created by the retirement of Judge Lawrence F. Winthrop.

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Jul
7
2021

Mesnard v. Campagnolo (6/30/2021)

Arizona Supreme Court holds that absolute legislative immunity covers an investigative report but not a news release.

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Jun
23
2021

Bridgeman v. Certa (6/15/2021)

Arizona Court of Appeals holds that the superior court’s final decision in a special action challenging an interlocutory ruling by a lower court in a separate proceeding is an appealable order.

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Jun
7
2021

Heaphy v. Willow Canyon Healthcare, Inc. (5/18/2021)

Arizona Court of Appeals Division Two holds that an arbitration agreement signed by an agent acting under the terms of a health care power of attorney does not bind the principal if the arbitration agreement was not within the scope of the agent’s authority to make health care decisions for the principal.

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May
26
2021

Seven Nominees for Vacancy on Arizona Supreme Court (5/18/2021)

The Commission on Appellate Court Appointments sent seven nominees to Governor Ducey for consideration to fill the vacancy on the Arizona Supreme Court created by the retirement of Justice Andrew W. Gould.

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May
26
2021

World Egg Bank, Inc. v. Nesco Inv., LLC (5/18/2021)

Arizona Court of Appeals holds that where a minority shareholder dissents from the sale of a corporation, the fair value of those shares are determined at the date of the actual sale of the corporate assets.

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May
19
2021

Clem v. Pinal Cnty. (5/10/2021)

Arizona Court of Appeals Division Two holds that a grant of qualified immunity to an individual government employee can be issue preclusive in a subsequent negligence action.

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May
12
2021

State ex rel. Brnovich v. City of Tucson (4/14/2021)

Arizona Supreme Court holds that cities, not the state, may decide whether municipal elections are held on the same cycle as statewide elections.

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Apr
28
2021

State v. Frye (4/6/2021)

Arizona Court of Appeal Division One holds that a claimant may seek relief from a civil forfeiture judgment by way of Rule of Civil Procedure 60.

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Apr
14
2021

New Division One panels announced (4/5/2021)

The Arizona Court of Appeals Division One released the panel assignments for July 1, 2021 through December 31, 2021.

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Apr
14
2021

Eleven Applicants for Vacancy on Arizona Supreme Court (4/9/2021)

The Commission on Appellate Court Appointments seeks public input on the eleven candidates being considered to fill the vacancy on the Arizona Supreme Court created by the retirement of Justice Andrew W. Gould.

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Apr
7
2021

Town of Florence v. Florence Copper, Inc. (3/23/2021)

Arizona Court of Appeals Division One holds that town may not eliminate vested rights in a contractual development agreement by rezoning the property, when the contract provides that the developer’s assent must be obtained to modify the contractual development agreement.

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Apr
7
2021

Leach v. Hobbs (4/5/2021)

Arizona Supreme Court holds that a petition circulator who de-registers is still subject to subpoena requirements applicable to petition circulators under A.R.S. § 19-118(E).

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Apr
7
2021

Angulo-Murrieta v. City of Yuma (3/30/2021)

Arizona Court of Appeals, Division One, holds that property used to facilitate misdemeanor theft is subject to civil forfeiture.

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Mar
24
2021

Sunland Dairy LLC v. Milky Way Dairy, LLC (3/18/2021)

Arizona Court of Appeals holds that A.R.S. §§ 3-1304 and 3-1307, which provide for treble damages for the conversion of animals, provide private rights of action in addition to criminal liability.

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Mar
24
2021

Sycamore Hills Estates Homeowners Ass’n., Inc. v. Zablotny (1/20/2021)

Arizona Court of Appeals Division Two holds that the superior court has jurisdiction to enter a stipulated judgment that includes relief not requested in the underlying complaint.

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Mar
24
2021

Webster Bank NV v. Mutka (2/9/2021)

Arizona Court of Appeals Division One holds that statute of limitations begins to run when a payment matures under a home equity consumer revolving loan agreement.

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Mar
22
2021

Shepherd v. Costco Wholesale Corp. (3/8/2021)

Arizona Supreme Court holds that a plaintiff is not required to allege bad faith or rebut the good faith presumption in their complaint when asserting a claim of negligent disclosure of medical information and that HIPAA may inform the standard of care in a negligence claim.

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Mar
18
2021

Fid. Nat’l Title Ins. Co. v. Osborn III Partners LLC (3/9/2021)

Arizona Court of Appeals Division One holds Morris agreements apply to title insurance policies.

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Mar
17
2021

Recent Changes at the Arizona Supreme Court Clerk’s Office (3/16/2021)

The Arizona Supreme Court appointed Tracie K. Lindeman Clerk of the Arizona Supreme Court and issued an updated administrative order on the Clerk’s duties and responsibilities.

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Mar
15
2021

Simms v. Ariz. Racing Comm’n (2/23/2021)

Arizona Court of Appeals Division One holds that an interested third party in administrative proceedings has standing to appeal a racing licensing decision as a “person aggrieved.”

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Mar
15
2021

Justice Gould to retire from the Arizona Supreme Court (3/12/2021)

Justice Gould announced that he will retire from the Arizona Supreme Court effective April 1, 2021.

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Mar
10
2021

Roberts v. State (3/2/2021)

Arizona Court of Appeals holds that the Fair Labor Standards Act does not preempt claims for overtime compensation under A.R.S. § 23-392.

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Mar
10
2021

Bridges v. Nationstar Mortg., LLC (1/14/2021)

Arizona Court of Appeals Division One holds that absent an express statement of acceleration in the notice of a trustee’s sale or other evidence of an intent to accelerate, recording a notice of trustee’s sale, by itself, does not accelerate a debt.

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Mar
10
2021

Burns v. Ariz. Pub. Serv. Co. (3/4/2021)

Arizona Court of Appeals holds that a member of the Corporation Commission lacks authority to individually enforce an investigatory subpoena in a ratemaking case over the opposition of the majority of the Commission.

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Mar
8
2021

Rogers v. Mroz (12/8/2020)

Arizona Court of Appeals Division One holds that a political attack ad that states a person “specializes in underage girls and advertises on website linked to sex trafficking” cannot be taken by a reasonable listener as an accusation of a precise and verifiable undisclosed fact that the person was complicit in sexual misconduct with underage girls and was complicit in sex trafficking, and cannot be the subject of a defamation action consistent with the First Amendment.

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Mar
8
2021

France v. Indus. Comm’n of Ariz. (3/2/2021)

Arizona Supreme Court determines that deputy sheriff’s PTSD resulting from a violent encounter while conducting a welfare check is a compensable workers’ compensation claim.

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Mar
3
2021

Apollo Educ. Grp., Inc. v. Nat'l Union Fire Ins. Co., of Pittsburgh, PA (2/17/2021)

Arizona Supreme Court holds that under an insurance policy without a contractual duty to defend, the objective reasonableness of the insurer’s decision to withhold consent is assessed from the perspective of the insurer, not the insured.

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Mar
3
2021

Cavallo v. Phoenix Health Plans (2/23/2021)

Arizona Court of Appeals Division One holds that (1) an insurer can raise a limited contract-based defense to show the elements of insurance bad faith are not met under the circumstances and (2) an erroneous instruction about mitigation damages will not automatically merit reversal when the jury does not reach damages because the defendant is not liable.

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Mar
1
2021

McKenna v. Soto (2/17/2021)

Arizona Supreme Court holds that election petition signatures with incomplete date or address information are valid if they substantially comply with the statutory requirements.

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Mar
1
2021

Remote Appellate Oral Arguments (3/1/2021)

Arizona Attorney article by Eric M. Fraser and Krissa Lanham.

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Feb
24
2021

Schires v. Carlat (2/8/2021)

Arizona Supreme Court holds that the sufficient consideration prong under the Arizona Constitution’s Gift Clause is an objective inquiry, requiring a governmental entity to receive a fair market value return that is proportional to the consideration it paid, without deference to the entity’s assessment of value.

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Feb
11
2021

Dabush v. Seacret Direct LLC (1/8/2021)

Arizona Supreme Court holds that a sublessee does not owe a duty to maintain a common area of a property in a reasonably safe condition when the sublessee makes repairs to the property unrelated to the injury that subsequently occurred.

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Feb
11
2021

Maricopa Cnty v. Rovey (12/29/2020)

Arizona Court of Appeals Division One adopts “easement corollary” to rule of strips and gores for interpretation of real estate conveyances.

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Feb
11
2021

Montano v. Luff (12/21/2020)

Arizona Court of Appeals Division Two holds that no inherent conflict exists between A.R.S. § 12-1176’s right to a jury trial in forcible entry and detainer actions and Ariz. R. Proc. Eviction Act. 11(d)’s allowance for bench trials in cases lacking factual disputes.

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Feb
8
2021

Event Announcement: The Annual State of Courts Program (2/7/2021)

The Appellate Practice Section Educational Program will inform you about the present condition of the Arizona courts and their forthcoming plans.

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Feb
8
2021

Thomas Hudson publishes article on structuring appellate briefs. (1/20/2021)

Article from Journal of Appellate Practice and Process

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Jan
22
2021

State of the Netherlands v. MD Helicopters Inc. (12/30/2020)

Arizona Supreme Court holds that a foreign country’s case law can satisfy Arizona’s reciprocity requirement for the recognition of foreign judgments.

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Jan
11
2021

Governor Ducey appoints Brian Y. Furuya to the Court of Appeals (12/23/2020)

Governor Ducey appointed Brian Y. Furuya to the Arizona Court of Appeals, Division One.

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Jan
8
2021

Event Announcement: A Conversation with Paul Clement (1/8/2021)

The State Bar's Appellate Practice Section is hosting a panel discussion on arguments before the Supreme Court of the United States during the COVID Pandemic by remote video.

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Jan
4
2021

Welch v. Cochise Cnty. Bd. of Supervisors (10/9/2020)

Arizona Court of Appeals Division Two holds that a taxpayer has standing to challenge the violation of open-meeting laws and conflict of interest laws resulting in an illegal appointment and, through the illegal appointment, an illegal expenditure of municipal funds.

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Jan
4
2021

McDaniel v. Payson Healthcare Mgmt., Inc. (10/20/2020)

Arizona Court of Appeals Division Two requires new trial in medical malpractice case, due to trial court errors involving experts.

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