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State Courts -
Arizona - February 14 - February 21, 2006
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Estate of Winn v. Plaza Healthcare, Inc., 1 CA-CV 05-0129,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, February 14, 2006, Filed
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Overview: Ariz. Rev. Stat. § 14-3108(4) limited husband's authority as late-appointed personal representative for deceased wife's estate, and pursuant to Ariz. Rev. Stat. § 14-3709, he could not prosecute her Adult Protective Services Act (APSA), Ariz. Rev. Stat. § 46-455(B) claim against the healthcare facility, and summary judgment to facility was proper.
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Manic v. Dawes, 2 CA-CV 2005-0128,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 16, 2006, Filed
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Overview: Ariz. Rev. Stat. § 28-1381(F) created a substantive right to a jury trial in misdemeanor DUI cases, and it did not violate the single subject requirement of Ariz. Const. art. IV, pt. 2, § 13.
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Kenneth T. v. Ariz. Dep't of Econ. Sec., 1 CA-JV 05-0039,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, February 17, 2006, Filed
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Overview: Although Ariz. Rev. Stat. § 8-537(A) required termination adjudication hearing, contested trial was not sole method to resolve issue of termination of father's parental rights; it did not preclude resolving, where appropriate, termination issues by summary judgment; Ariz. R. P. Juv. Ct. 46(D) provided motions for summary judgment could be filed.
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