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   State Courts - Arizona - April 21 - May 5, 2009

  
Ariz. ex rel. Indus. Comm'n of Ariz. V./Judgment, No. 1 CA-CV 08-0218, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 21, 2009, Filed
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In re Mh 2008-000028, No. 1 CA-MH 08-0012, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, April 21, 2009, Filed
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Ritchie v. Krasner, 1 CA-CV 08-0099, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, April 21, 2009, Filed
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State v. Gonzalez, 1 CA-CR 07-0923, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 28, 2009, Filed
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Overview: Evidence supported defendant's conviction, pursuant to Ariz. Rev. Stat. § 28-622.01, because a reasonable juror could conclude beyond a reasonable doubt that defendant wilfully fled or attempted to elude a law enforcement vehicle in pursuit. Defendant failed to stop, despite being pursued by a patrol car with its lights and sirens activated.

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Ariz. Ass'n of Providers for Persons with Disabilities v. State, No. 1 CA-CV 09-0167, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, April 30, 2009, Filed
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In re Engel, No. 1 CA-CV 07-0587, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, April 30, 2009, Filed
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Overview: In an action involving the modification of child support, the trial court erroneously attributed hypothetical income and child-care expenses to a voluntarily unemployed parent because the Arizona Child Support Guidelines, Ariz. Rev. Stat. § 25-320 app., did not support the use of such attribution to increase the burden on the employed parent.

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Jilly v. Rayes, 1 CA-SA 08-0269, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 30, 2009, Filed
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Overview: Ariz. Rev. Stat. § 12-2603 does not conflict with the state supreme court's rulemaking authority or with Ariz. R. Civ. P. 16(c) and 26.2(b) but merely supplements those rules; the statute requires a preliminary expert opinion meant to certify that the action against the medical professional is not meritless.

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Modular Mining Sys. v. Jigsaw Techs., Inc., 2 CA-CV 2008-0118, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, April 30, 2009, Filed
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Overview: Summary judgment in favor of the company was affirmed, because the claimant did not produce any evidence disputing the company's factual assertions that it had used the disputed commands in only two mines and had stopped using them once it learned that the claimant considered them to be trade secrets.

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Sage v. Blagg Appraisal Co., No. 1 CA-CV 08-0331, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, April 30, 2009, Filed
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Overview: An appraiser hired by a lender in connection with a purchase-money mortgage transaction owes a duty of care to the prospective buyer, and thus the court reversed the trial court's grant of summary judgment under Ariz. R. Civ. P. 56(c) in favor of an appraiser in a homeowner's action alleging negligent misrepresentation.

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New Sun Bus. Park, LLC v. Yuma County, No. 1 CA-CV 08-0094, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, May 5, 2009, Decided
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Overview: Appointment of county zoning inspector had continuing validity despite amendment of Yuma County, Ariz., Ordinance § 401.00. Ariz. Rev. Stat. § 11-808(A) required deputy county zoning inspectors to be appointed by County of Board of Supervisors, validity of deputy's actions were proper as he acted in capacity of de factor deputy zoning inspector.

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