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   State Courts - Arizona - March 23 - April 4, 2000

  
In re Herbert, Supreme Court No. SB-00-0014-D, SUPREME COURT OF ARIZONA, March 23, 2000, Filed
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In re Murray, Supreme Court No. SB-00-0013-RD, SUPREME COURT OF ARIZONA, March 23, 2000, Decided , March 23, 2000, Filed
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Rollin v. William V. Frankel & Co., 2 CA-CV 99-0164, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, March 23, 2000, Filed
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Overview: Lack of systematic and continuous, or minimal, contacts by defendant stock market dealers with Arizona, home of plaintiff stock purchasers, was fatal to plaintiffs' claim in the Arizona courts for sales of worthless stock.

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Michael J. v. Arizona Dep't of Econ. Sec., Supreme Court No. CV-99-0129-PR, SUPREME COURT OF ARIZONA, March 30, 2000, Filed
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Overview: A sufficient basis existed to conclude by clear and convincing evidence that appellant incarcerated father abandoned his son under the statutory definition, but not that his felony convictions rendered him an unfit parent.

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Najar v. State, 2 CA-CV 98-0229, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, March 30, 2000, Filed
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Overview: Where defendant-appellant's neutral decision-maker denied plaintiff-appellee's promotion on basis of potential disruption in future supervision, judgment reversed because decision not due to retaliation for prior grievance.

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State v. Johnson, 2 CA-CR 98-0572, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, March 30, 2000, Filed
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Overview: Trial court erred by allowing State to amend criminal information after victim testified, since amended charges were of different nature than original charges and appellant was not afforded adequate opportunity to defend.

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Siemsen v. Davis, 1 CA-CV 98-0651, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 4, 2000, Filed
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Overview: Plaintiffs not entitled to private condemnation of roadway across defendant's land; alternative means of access to plaintiffs' land existed, alternative route was adequate, although a four-wheel drive vehicle was necessary.

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Southwest Airlines Co. v. Arizona Dep't of Revenue, 1 CA-TX 99-0005, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, April 4, 2000, Filed
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Overview: Court of appeals awarding appellee taxpayer $ 20,000 in attorneys' fees was the maximum amount authorized by statute, additional attorneys' fees awarded by the tax court was in error.

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Tobias v. Dailey, 1 CA-CV 98-0684, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 4, 2000, Filed
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Overview: Judgment below was upheld, as appellants were not entitled to private way of necessity over appellees' roadway where appellants failed to meet burden of proving reasonable necessity, and implied way of necessity existed.

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United Metro Materials, Inc. v. Pena Blanca Props., L.L.C., 1 CA-CV 99-0331, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 4, 2000, Filed
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Overview: A lien waiver and release that a rock company executed did not operate to release its claim for payment for materials provided for a construction project, since the partial release covered only invoices specified on the release form.

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