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| Lemons v. Showcase Motors, Inc., 1 CA-CV 02-0650,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, April 29, 2004, Filed
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Overview: Summary judgment for a seller was improper because fact issue existed with regard to whether the seller was a party to a dealer service contract. If so, the seller could not have effectively disclaimed warranties under the Magnuson-Moss Warranty Act.
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| Morgan v. Carillon Invs., Inc., 1 CA-CV 03-0232,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 29, 2004, Filed
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Overview: In a suit arising from an investment corporation's sale of an investment to an elderly mother, the trial court erred in dismissing her children's motion to set aside the arbitration award, as the 90-day statutory limitation did not apply.
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| Nordstrom, Inc. v. Maricopa County, 1 CA-TX 02-0021,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, April 29, 2004, Filed
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Overview: For purposes of property tax valuations, store was not a shopping center; thus, tax court did not err in excluding expert testimony regarding statutory income approach to valuing property; reasonable evidence supported application of cost approach.
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| Reinke v. Alliance Towing, 1 CA-CV 03-0324,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 29, 2004, Filed
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Overview: Court erred in awarding summary judgment to a towing company in plaintiff's action alleging that company provided false information to department of transportation to gain possession of his car; plaintiff presented facts showing that he held title.
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| Waddell v. Titan Ins. Co., 1 CA-CV 01-0611,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, April 29, 2004, Filed
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Overview: An insurer was entitled to an opportunity to contest the reasonableness of a default judgment resulting from an agreement between plaintiffs and an insured; the insurer could contest reasonableness in light of liability and comparative fault.
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| Bridgestone/Firestone N. Am. Tire, L.L.C. v. A.P.S. Rent-A-Car & Leasing, Inc., 2 CA-CV 2003-0115,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 30, 2004, Filed
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Overview: Because of its refusal to accept a tender of defense, tire manufacturer was obligated to indemnify car rental company for 30 percent of the damages awarded to family after a tire on a rented van suddenly failed, causing a death and several injuries.
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| State v. Secord, 2 CA-CR 2002-0093,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, May 3, 2004, Filed
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Overview: Court did not err in denying defendant's motion to compel the State to reinstate its original plea offer; defendant had adequate information on which to assess the strength of State's case and to ground a sufficiently knowing and voluntary decision.
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| State v. Watkins, 1 CA-CR 03-0197,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, May 4, 2004, Filed
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Overview: Trial court properly denied defendant's motion to suppress evidence in defendant's trial for drug possession; officers' investigatory stop of defendant as a crime witness was reasonable, and pat-down search was conducted for officer safety.
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| Daystar Invs., L.L.C. v. Maricopa County Treasurer, 1 CA-CV 03-0458, DEPARTMENT E,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, May 6, 2004, Filed
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Overview: A county treasurer had standing to question a tax lien foreclosure order on the grounds that foreclosure was premature; the trial court erred in treating a petition that the treasurer be ordered to issue a deed as a motion to vacate a default.
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| Wonders v. Pima County, 2 CA-CV 2003-0090,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, May 12, 2004, Filed
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Overview: In a land developer's inverse condemnation case, summary judgment in the County's favor was proper, as the ordinance in question did not conflict with the Arizona Native Plant Act and the developer was able to make beneficial use of its land.
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