AZAPP Blog - 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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Remote Appellate Oral Arguments (3/1/2021)

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

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

Article from Journal of Appellate Practice and Process

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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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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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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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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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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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