Arizona, August, 2004, State Case law

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State Courts - Arizona - August 25 - August 31, 2004

In re Arrotta, Arizona Supreme Court No. SB-04-0015-R, SUPREME COURT OF ARIZONA, August 25, 2004, Filed
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Overview: Because disbarred attorney made no reference in his application for readmission to any kind of rehabilitation or counseling that helped identify a weakness or cause of his misconduct and that he had overcome such weakness, his application was denied.

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Mackey v. Mayor & Council of Tucson, 2 CA-CV 2004-0050, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, August 25, 2004, Filed
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Overview: City was not required to comply with statutory notice requirements for sale of public road as city's transfer was an exchange and city could use expedited statutory procedure; issue was not moot as it was of public concern and capable of repetition.

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State ex rel. Romley v. Ballinger, Arizona Supreme Court No. CV-03-0376-PR, SUPREME COURT OF ARIZONA, August 25, 2004, Filed
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Overview: The administrative order issued by the superior court judge was vacated, because the administrative order created a rule of court and was not pre-approved by the Arizona Supreme Court.

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State v. Newnom, 2 CA-CR 2002-0447, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, August 25, 2004, Filed
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Overview: Despite offer to stipulate, trial court did not err in allowing State to present evidence of defendant's prior domestic violence convictions in trial for aggravated domestic violence as prior domestic violence convictions were elements of offense.

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Fuentes v. Fuentes, 1 CA-CV 03-0589, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, August 26, 2004, Filed
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Overview: Trial court could order husband to pay more than half of his net disposable income, but trial court improperly considered husband's misconduct when making child support and spousal maintenance calculations contrary to Arizona's no-fault divorce law.

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Fuentes v. Fuentes, 1 CA-CV 03-0589, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, August 26, 2004, Filed
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Overview: Trial court erred in a dissolution of marriage when it found fault on husband's part by concluding that he had been deceitful. Trial court should not have excluded children born out of wedlock from child support calculations.

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Pargman v. Vickers, 1 CA-CV 03-0561, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, August 31, 2004, Filed
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Overview: A driver's amended complaint that named an estate related back to the date of the original complaint where, although driver mistakenly named the decedent, the insurance assets were the only assets and the insurer had notice of the driver's action.

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Pargman v. Vickers, 1 CA-CV 03-0561, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, August 31, 2004, Filed
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Overview: In a personal injury case in which suit was mistakenly brought against a deceased person instead of the estate, which contained only insurance proceeds, an amended complaint related back because the decedent's insurer had notice and knowledge.

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Schoneberger v. Oelze, 1 CA-CV 03-0490, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, August 31, 2004, Filed
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Overview: Court properly denied defendants' motion to compel arbitration in daughters' actions for breach of trust, conversion, and fraudulent concealment, as the trusts at issue were not contracts; the daughters were not bound by the arbitration clauses.

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W. Corr. Group, Inc. v. Tierney, 1 CA-CV 03-0001, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, August 31, 2004, Filed
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Overview: Order awarding partial summary judgment to an attorney in corporation's legal malpractice action was upheld; because a county did not bid a job, its agreement with corporation was unenforceable and corporation would have lost its case against county.

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