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State Courts -
Arizona - August 14 - August 21, 2003
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Data Sales Co. v. Diamond Z Mfg., 1 CA-CV 02-0480,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, August 14, 2003, Filed
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Overview: Given general policy that one can contractually waive defenses, Court of Appeals of Arizona, Division One, Department B, held surety defenses could expressly or implicitly be waived within guaranty contract, including consent and waiver provisions.
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Roosevelt Elem. Sch. Dist. No. 66 v. State, 1 CA-CV 02-0475, 1 CA-CV 02-0590, 1 CA-CV 03-0118, (Consolidated),
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, August 14, 2003, Filed
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Overview: Where school districts failed to show that lack of school funding for repairs and renovation to capital facilities was directly linked to students' academic performance, trial court erred in finding school funding legislation was unconstitutional.
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Bergeron ex rel Perez v. O'Neil, 2 CA-SA 2003-0053, 2 CA-SA 2003-0054, 2 CA-SA 2003-0055, 2 CA-SA 2003-0060 (Consolidated),
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, August 21, 2003, Filed
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Overview: Trial judges could not require counsel who had filed notices for a change of judge as a matter of right, pursuant to a state rule of criminal procedure, to appear before the trial court and explain their reasons for filing the notices.
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Scottsdale Healthcare, Inc. v. Ariz. Health Care Cost Containment Sys. , Arizona Supreme Court No. CV-02-0190-PR, Consolidated with: Arizona Supreme Court No. CV-02-0218-PR, Arizona Supreme Court No. CV-02-0220-PR,
SUPREME COURT OF ARIZONA, August 21, 2003, Filed
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Overview: A determination of whether care by hospitals to undocumented aliens was reimbursable required an individualized test, and, where the wrong factors were considered, remand was necessary for another evaluation.
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