Arizona, March, 2003, State Case law

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State Courts - Arizona - March 27, 2003

Ariz. Dep't of Revenue v. Raby, 1 CA-TX 01-0004, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, March 27, 2003, Filed
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Overview: Although two taxpayers had equal community property interests in one spouse's retirement benefits, the taxpayers were only allowed one subtraction for state income tax purposes because only one spouse was the actual payee.

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Himes v. Safeway Ins. Co., 1 CA-CV 01-0532, 1 CA-CV 02-0410, (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, March 27, 2003, Filed
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Overview: Trial court erred when it denied insurer's ability to contest damages claimed in Damron/Morris agreement by holding an evidentiary hearing prior to entry of judgment and in claiming there had been no evidence as to the reasonableness of the amount.

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In re Stephanie B., 1 CA-JV 02-0054, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, March 27, 2003, Filed
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Overview: Restitution award to the victim for broken teeth was not barred where defendant had been found not delinquent on a charged offense because defendant was found delinquent of another criminal offense that supported the award.

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Nielson v. Patterson, Arizona Supreme Court No. CV-02-0330-SA, SUPREME COURT OF ARIZONA, March 27, 2003, Filed
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Overview: Order denying motion to dismiss appeal was affirmed, where an order granting a new trial vacated the original entry of judgment, and it was not necessary to challenge the underlying judgment through a mandatory protective cross-appeal.

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