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| May v. McNally, 1 CA-SA 02-0073,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 17, 2002, Filed
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Overview: Authorization of surcharge on civil and criminal fines to finance state elections imposed an unconstitutional restraint on the exercise of free speech because individuals paying the fines had no compelling interest to promote the political speech.
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| Performance Funding, L.L.C. v. Ariz. Pipe Trade Trust Funds, 1 CA-CV 01-0536,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 18, 2002, Filed
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Overview: Union fringe-benefit trust funds were entitled to use mechanics' lien laws to collect unpaid fund contributions on behalf of union employees. But liens would be invalid for failure to comply with the statutory preliminary 20-day notice provision.
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| State v. Siddle, 2 CA-CR 2000-0253,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, June 18, 2002, Filed
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Overview: Where drug offenses were greater offenses than possession of a deadly weapon during the commission of a felony by reason of felony classification, the weapons offense was not a lesser-included offense and there was no violation of double jeopardy.
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| TABLER v. INDUSTRIAL COMM'N OF ARIZONA, 1 CA-IC 01-0012,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, June 18, 2002, Filed
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Overview: An oral compromise and settlement agreement in workers' compensation claim might have bound the parties in contract, even though their written agreement was not formally executed, as long as it was clear that parties intended to be so bound.
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| Trustmark Ins. Co. v. Bank One, Ariz., N.A., 1 CA-CV 01-0021,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, June 18, 2002, Filed
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Overview: Because a letter of instructions required a bank to monitor the customer's bank account, the letter was not deemed a payment order, as there was a condition to payment other than the time of payment.
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| In re Politi, Arizona Supreme Court No. SB-02-0082-R,
SUPREME COURT OF ARIZONA, June 20, 2002, Decided , June 20, 2002, Filed
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Overview: Where attorney demonstrated that he was fit to resume practice of law and was qualified for reinstatement to active bar membership, attorney was reinstated to practice.
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| Montano v. Browning, 2 CA-SA 2002-0030,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, June 20, 2002, Filed
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Overview: Because the statute of limitations for a personal injury action was not tolled during a tortfeasor's minority, and there was nothing that prevented the mother and father from filing their action in a timely manner, their action was time-barred.
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| Steer v. Eggleston, 1 CA-CV 01-0392,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, June 20, 2002, Filed
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Overview: Trial court did not err when it granted attorney fees out of the corpus of an arbitration award to a limited partner who was the prevailing party in a suit for breach of fiduciary duty against limited partnership's general partner.
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