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

AZAPP Blog - 2020

Apr
6
2020

Brown v. Dembow (2/25/2020)

Arizona Court of Appeals Division One holds that after a Class 6 felony is reduced to a misdemeanor upon completion of probation, the offense cannot be used as impeachment evidence under Rule 609.

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Apr
6
2020

Iverson v. Nava (2/27/2020)

The Arizona Court of Appeals Division One clarifies the scope of courts’ jurisdiction over counterclaims in detainer actions.

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Apr
6
2020

Ansley v. Banner Health Network (3/9/2020)

Arizona Supreme Court holds that a hospital that accepts payment from a state Medicaid agency for a patient may not pursue additional payment by imposing a lien on money owed to the patient by a third party.

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Apr
6
2020

Scott v. Kemp (3/5/2020)

Arizona Court of Appeals Division One holds that non-resident officers, managers, and partners of a nationwide network of skilled-nursing and other long-term care facilities are subject to personal jurisdiction in Arizona.

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Mar
26
2020

Ten Applicants Recommended for Vacancy on Arizona Court of Appeals (3/26/2020)

The Commission on Appellate Court Appointments has recommended ten nominees to Governor Doug Ducey to fill the vacancy on Division One of the Arizona Court of Appeals created by the resignation of Judge Diane Johnsen.

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Mar
26
2020

Division One of the Arizona Court of Appeals Issues New Extension Policy (3/26/2020)

Effective April 1, 2020, the Arizona Court of Appeals, Division One, has enacted a new policy requiring a showing of good cause for all extensions of time, including a first request.

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Mar
11
2020

Specialty Companies Grp. LLC v. Meritage Homes of Ariz. Inc. (2/25/2020)

Arizona Court of Appeals Division One holds that a claim to pierce the corporate veil may be raised in an action on a judgment and that such an action is governed by the limitation period for actions to enforce a judgment.

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Mar
11
2020

Fields v. Elected Officials Ret. Plan (2/6/2020)

Arizona Court of Appeals Division One holds that a party who agrees to pay its attorney only those fees awarded by a court does not become ineligible for a fee award under A.R.S. § 12-341.01.

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Mar
2
2020

Hwal’Bay Ba: J Enters., Inc. v. Jantzen (2/25/2020)

Arizona Supreme Court announces a six-factor test to determine whether a tribal economic entity is an “arm of the tribe” for sovereign immunity purposes.

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Mar
2
2020

France v. Indus. Comm’n of Ariz. (2/18/2020)

Court of Appeals Division One held that, for workers’ compensation purposes, the phrase “unexpected, unusual or extraordinary stress related to employment” means work-related stress that is sufficiently significant and noteworthy to differentiate it from non-compensable, general stress caused by the work regimen.

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Feb
12
2020

Simmons v. Indus. Comm’n of Ariz. (2/7/2020)

Court of Appeals Division Two holds that an administrative law judge erred by applying incorrect “earning capacity disability” legal standard and by failing to determine who had the applicable burden of proof.

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Feb
10
2020

Am. Civil Liberties Union of Ariz. v. Ariz. Dep’t of Child Safety (1/14/2020)

Arizona Court of Appeals Division One holds that a government’s internal confusion is not a sufficient reason to explain a delay in the production of documents in response to a public records request and that a requesting party does not substantially prevail unless the records provided substantially provide the information sought by the underlying requests.

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Feb
7
2020

Seven Applicants for Vacancy on Arizona Court of Appeals (2/7/2020)

The Commission on Appellate Court Appointments seeks public input on the seven candidates being considered to fill the vacancy on Division One of the Arizona Court of Appeals created by the resignation of Judge Diane Johnsen.

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Feb
6
2020

Rizzio v. Surpass Senior Living LLC (1/30/2020)

Arizona Court of Appeals Division One holds that an arbitration agreement requiring one party to bear all costs and fees regardless of who prevails is unconscionable, but the offending provision may be severable.

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Feb
6
2020

Terrell v. Torres (1/23/2020)

The Arizona Supreme Court holds that a couple’s election on an in vitro fertilization consent agreement requires that their cryogenically preserved embryos be donated rather than used by one partner without the express consent of the other.

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Feb
6
2020

Bottomlee v. State (1/28/2020)

Arizona Court of Appeals Division One holds that a state daycare inspector created a special relationship with infants at daycare by issuing an allegedly grossly negligent corrective action plan that lead to an infant’s suffocation.

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Feb
6
2020

AU Enters., Inc. v. Edwards (1/21/2020)

Arizona Court of Appeals Division Two holds that an eviction order is not a final appealable order unless it resolves attorneys’ fees.

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Jan
31
2020

Sun City Home Owners Ass’n v. Ariz. Corp. Comm’n (1/23/2020)

Arizona Court of Appeals Division One upholds constitutionality of Arizona Corporation Commission’s consolidation of rates for five EPCOR Water Arizona, Inc. wastewater districts.

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Jan
31
2020

Williams v. King (1/23/2020)

Arizona Court of Appeals Division One holds that there is no right to a jury trial for a statutory claim that did not exist when the Arizona Constitution was adopted.

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Jan
10
2020

Applications Being Accepted for Vacancy on Court of Appeals, Division One (1/8/2020)

The Commission on Appellate Court Appointments is currently accepting applications for the vacancy on Division One of the Court of Appeals created by the resignation of Judge Diane M. Johnsen.

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Jan
6
2020

Tucson Estates Prop. Owners Ass’n v. Estate of Ross E. Jenkins (11/12/2019)

Arizona Court of Appeals Division Two holds that a trial court may reduce the fees and costs requested in an uncontested fee application when the contract provides for the award of reasonable attorneys’ fees.

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Jan
6
2020

Martin v. Staheli (12/19/2019)

The Court of Appeals Division One held that an injured party’s death does not extinguish a familial consortium claim of a surviving family member.

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Jan
3
2020

Fleming v. Tanner (12/10/2019)

Court of Appeals Division One holds that the statutory interest rate in A.R.S. § 44-1201(A) does not apply to an oral loan that did not anticipate interest.

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Jan
3
2020

Ctr. for Auto Safety v. Goodyear Tire & Rubber Co. (11/26/2019)

Arizona Court of Appeals Division One holds that a court may unseal or expose trade secrets to the public only in extraordinary circumstances.

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