Arizona, June, 2006, State Case law

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State Courts - Arizona - June 28 - July 26, 2006

In re King, Arizona Supreme Court No. SB-03-0152-PR, SUPREME COURT OF ARIZONA, June 28, 2006, Filed
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Overview: Attorney who pleaded guilty to attempted murder was denied admission to the Arizona bar because he failed to make an extraordinary showing that he accepted responsibility for the shooting, as his written applications for admission to law school and the Arizona bar minimized his personal responsibility for the shooting.

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Andresano v. County of Pima, 2 CA-CV 2005-0151, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 30, 2006, Filed
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Overview: An injured party brought suit against county when she broke her ankle during a charity event on county's facilities. Trial court properly granted summary judgment for county because Ariz. Rev. Stat. ? 33-1551 applied; injured party did not personally pay fee, and charity's user fee was not an admission fee or other consideration.

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State v. Celaya, 2 CA-CR 2005-0248, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 30, 2006, Filed
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Overview: Appellant sought post-conviction relief; however, appellate court dismissed appeal because it lacked subject matter jurisdiction under Ariz. Rev. Stat. ? 13-4033(B).

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Fry v. Garcia, 1 CA-CV 05-0663, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, July 3, 2006, Filed
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Overview: In review of grandparents' visitation rights, superior court properly denied mother's motion for relief pursuant to Ariz. R. Civ. P. 60(c) because superior court was not divested of jurisdiction after parents' subsequent marriage, and mother's claim that attorney made misrepresentation was untimely filed.

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Schwager v. VHS Acquisition Corp., 1 CA-CV 05-0677, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, July 3, 2006, Filed
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Overview: In nurse's suit against hospital, and hospital's employee arising out of slip and fall that occurred as nurse was leaving work, hospital and its employee were immune from suit pursuant to Ariz. Rev. Stat. ? 23-1022(A). Appellate court rejected nurse's argument that she was lent employee.

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State v. Alvarez, Arizona Supreme Court No. CR-05-0104-PR, SUPREME COURT OF ARIZONA, July 10, 2006, Decided , July 10, 2006, Filed
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State v. Parks, Arizona Supreme Court No. CR-05-0373-PR, SUPREME COURT OF ARIZONA, July 10, 2006, Decided , July 10, 2006, Filed
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Fearnow v. Ridenour, Swenson, Cleere & Evans, P.C., Arizona Supreme Court No. CV-05-0217-PR, SUPREME COURT OF ARIZONA, July 18, 2006, Filed
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Overview: Shareholder agreement did not violate Ariz. Sup. Ct. R. 42, ER 5.6(a), because it did not restrict the attorney's right to practice law after he voluntarily left law firm; the agreement was to be evaluated under the well-established law governing similar restrictive covenants in agreements between non-lawyers.

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Bolser Enters. v. Ariz. Registrar of Contrs., No. 1 CA-CV 05-0355, COURT OF APPEALS OF ARIZONA, DIVISION ONE, July 25, 2006, Filed
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Overview: Superior court erred by dismissing the builder's complaint for lack of subject matter jurisdiction, because the Arizona Registrar of Contractors' disciplinary notice revoking the builder's license constituted a final administrative decision subject to judicial review by the superior court.

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Bohart v. Hanna, Arizona Supreme Court No. CV-06-0225-AP/EL, SUPREME COURT OF ARIZONA, July 26, 2006, Filed
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Overview: Elector sought to remove candidate from city council's ballot. Elector's notice of appeal from superior court's decision was untimely, pursuant to Ariz. R. Civ. P. 6(a), because his notice of appeal was not filed until six days after superior court's decision, and weekends and holiday were not excluded from time calculation.

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