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State Courts -
Arizona - March 8 - March 29, 2005
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McHale v. McHale, 1 CA-CV 04-0022,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, March 8, 2005, Filed
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Overview: Though a mother and father were divorced in Arizona, when the mother filed her petition to modify child support, the parties and their minor child no longer lived there. Therefore, under Ariz. Rev. Stat. ? 25-626 of the Uniform Interstate Family Support Act, an Arizona trial court lacked jurisdiction to modify the original child support order.
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In re Daniel A., 1 CA-JV 04-0181,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, March 15, 2005, Filed
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Overview: In juvenile proceedings, juvenile court, in its disposition committing appellant to Arizona Department of Juvenile Corrections (ADJC), erred in directing appellant to attend school and counseling because the latest version of Ariz. Rev. Stat. ? 8-341(A)(1)(e) (Supp. 2004) deprived juvenile court of any authority to impose commitment terms.
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Smethers v. Campion, 1 CA-CV 04-0117,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, March 22, 2005, Filed
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Overview: In a medical malpractice suit, trial court erred in limiting cross-examination of expert when patient alleged that eye physician breached standard of care, pursuant to Ariz. Rev. Stat. ? 12-563(1) (2003), because expert's personal practices in approaching medical problem could be relevant and expert's practices could assist jury.
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Fernandez v. Takata Seat Belts, Inc., Arizona Supreme Court No. CV-04-0277-PR,
SUPREME COURT OF ARIZONA, March 24, 2005, Filed
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Overview: In a class action suit by a driver against a seat belt maker, testers, and auto manufacturers, the driver did not have standing because she did not own a car made by the manufacturers, and she did not allege that she suffered injury.
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Lamparella v. Lamparella (In re Estate of Lamparella), 1 CA-CV 04-0124,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, March 29, 2005, Filed
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Overview: In competing claim with estate to annuity proceeds after former husband's death, wife was not entitled to proceeds because Ariz. Rev. Stat. ? 25-318 (Supp. 2004) did not apply after dissolution decree was entered, and under Ariz. Rev. Stat. ? 14-2804 (1995), husband's designation of wife as beneficiary was automatically revoked upon decree's entry.
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Wenc v. Dist. No. 68, 2 CA-CV 2004-0146,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, March 29, 2005, Filed
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Overview: In a school election dispute, although school district's superintendant failed to appoint her employee as a deputy, as required by Ariz. Rev. Stat. ? 15-481, and employee lacked requisite authority to conduct a canvass, appellate court refused to grant voter's wish to void canvass, and election, because strict statutory compliance was not mandated.
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