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   State Courts - Arizona - October 5 - October 17, 2000

  
Childress Buick Co. v. O'Connell, 1 CA-CV 98-0354, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, October 5, 2000, Filed
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Overview: Trial court properly held that ownership of vehicle had not passed to prospective buyer at time of accident and that tortfeasor had to reimburse dealer for damage. Buyer was not entitled to payment from tortfeasor's insurer.

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Katherine S. v. Foreman, Supreme Court No. CV-99-0445-PR, SUPREME COURT OF ARIZONA, October 5, 2000, Decided , October 5, 2000, Filed
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Aida Renta Trust v. Department of Revenue, 1 CA-CV 98-0389, 1 CA-CV 98-0390, COURT OF APPEALS OF ARIZONA, DIVISION ONE, October 10, 2000, Filed
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Overview: Property owners were not required to pay taxes under protest in order to preserve claims based on property valuations, but county did not violate equal protection or uniformity guarantees by settling another similar matter.

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In re Axford, Arizona Supreme Court No. SB-00-0068-D, SUPREME COURT OF ARIZONA, October 10, 2000, Decided , October 10, 2000, Filed
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Overview: Respondent's conduct in not acting reasonably and diligently, in not keeping clients informed of status of their cases, and in engaging in misconduct regarding fee arbitration warranted six month and one day suspension, and lesser sanctions.

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Kelly v. Kelly, Supreme Court No. CV-98-0090-PR., SUPREME COURT OF ARIZONA, October 11, 2000, Decided
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Benjamin v. Gear Roller Hockey Equip., Inc., 1 CA-CV 99-0333, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, October 12, 2000, Filed
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Overview: Defendant absolved itself from its own negligence through a liability waiver and release by clearly and explicitly stating in the agreement its intent to absolve itself from its own negligence.

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Home Builders Ass'n v. City of Apache Junction, 2 CA-CV 99-0198, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, October 12, 2000, Filed
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Overview: City did not have authority to impose building permit fees to defray costs of new school construction; authority over or responsibility for public schools was reserved to counties and the state.

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In re Creasy, Supreme Court No. SB-96-0043-D, SUPREME COURT OF ARIZONA, October 17, 2000, Filed
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Overview: In disciplinary proceeding, disbarred attorney was found to have been practicing law when sworn statement was taken as part of arbitration proceeding. His actions could not be reclassified as that of an insurance adjuster.

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State v. Gill (In re $3636.24 U.S. Currency), 1 CA-CV 99-0475, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, October 17, 2000, Filed
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Overview: Language of forfeiture statute was clear and unambiguous and did not allow for trial court to excuse the State's failure to timely initiate forfeiture proceedings due to an oversight. Property was released from seizure.

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State v. Samano, 1 CA-CR 99-0394, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, October 17, 2000, Filed
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Overview: Trial court erred in applying sentence enhancement against defendant for dangerous crimes against children, where it failed to state on the record factual findings and reasons supporting imposition of an enhanced sentence.

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